Legal Opinion

Cohen & Co. v. Morris & Co.

Supreme Court of Georgia

Decided March 13, 1883PublishedCited by 17 opinions

Debtor and Creditor. Insolvency. Injunction and Receiver. Trusts. Equity. Fraud. Before Judge Bran-ham. Floyd County. At Chambers. January 4, 1883. Morris & Company and other creditors of Cohen & Company filed their bill against the debtors, and M. A. Nevin and Z. Zacharias, as assignees of such debtors, and certain preferred creditors under the deed of assignment so made.

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Debtor and Creditor. Insolvency. Injunction and Receiver. Trusts. Equity. Fraud. Before Judge Bran-ham. Floyd County. At Chambers. January 4, 1883. Morris & Company and other creditors of Cohen & Company filed their bill against the debtors, and M. A. Nevin and Z. Zacharias, as assignees of such debtors, and certain preferred creditors under the deed of assignment so made. The bill charged, in brief, as follows: The firm of Cohen & Company is insolvent and neither member thereof is solvent, allowing for exemptions, etc. The firm was composed of M. H. Cohen and Abram Zacharias. On December 4,…

1Opinion of the Court

Jackson, Chief Justice.

This is a bill filed by certain creditors of Oohen & Company against them and Zacharias and Nevin, their assignees *317•of all their stock of goods, etc., praying that the assignees Re enjoined from proceeding with their trust, and that a receiver be appointed to take charge of it, etc.

1. The complainants are not judgment creditors, but they are cestuis qui trust under the deed of assignment, and in the schedule of creditors their names appear, and the amount of their respective debts. They are not preferred creditors, but interested in a just administration of the trust,…

2Cases cited8 opinions

  1. The People v. . NortonNew York Court of Appeals · 1853
  2. Cohen v. Meyers, Cohen & Co.Supreme Court of Georgia · 1871
  3. Geisse v. BeallWisconsin Supreme Court · 1854
  4. Johnson & Smith v. FarnumSupreme Court of Georgia · 1876
  5. Pinneo v. HartSupreme Court of Missouri · 1860

3 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Hermann v. MobleySupreme Court of Georgia · 1931
  2. Albany & Renssellaer Iron & Steel Co. v. Southern Agricultural WorksSupreme Court of Georgia · 1886
  3. Goodroe v. C. L. C. Thomas WarehouseSupreme Court of Georgia · 1938
  4. Farmers & Traders Bank v. KendrickSupreme Court of Missouri · 1937
  5. Virginia-Carolina Chemical Co. v. Provident Savings Life Assurance SocietySupreme Court of Georgia · 1906

12 more not listed; retrieve them via the Exa API.

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