Stovall Co. v. Shepherd Co.
Court of Appeals of Georgia
Garnishment; from city court of Madison — Judge Anderson. By consent of the creditors of the Anderson Dry Goods Company, which was insolvent, E. W. Butler took charge of its stock of goods, and, after notice to all the creditors, and by their consent, sold the goods to W. E. Shepherd Company, received the' purchase-price, and disbursed it, according to an agreed pro rata, among the creditors.
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Garnishment; from city court of Madison — Judge Anderson. By consent of the creditors of the Anderson Dry Goods Company, which was insolvent, E. W. Butler took charge of its stock of goods, and, after notice to all the creditors, and by their consent, sold the goods to W. E. Shepherd Company, received the' purchase-price, and disbursed it, according to an agreed pro rata, among the creditors. After the consummation of the sale, but before the payment of the money to the creditors, W. W. Stovall Company declined to abide by the agreement which it had made with the other creditors, to accept…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
1. It will be seen, from the evidence as above stated, that the Anderson Dry Goods Company was no party to the sale of its stock of goods to Shepherd Company; 'that this sale was made by Butler, acting for the creditors and by the consent of all the creditors, for the purpose of carrying out their agreement in the premises. The Anderson Dry Goods Company was not to receive any part of the proceeds from the sale of its stock of goods, and did not in fact receive a dollar of the money. It was all paid by Shepherd Company to Butler, and he prorated it…
2Cases cited4 opinions
- Jaques & Tinsley Co. v. Carstarphen Warehouse Co.Supreme Court of Georgia · 1908
- Cooney, Eckstein & Co. v. SweatSupreme Court of Georgia · 1909
- Taylor v. FoldsCourt of Appeals of Georgia · 1907
- Stewart Bros. v. Langston & WoodsonSupreme Court of Georgia · 1898
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- Yancey v. Lamar-Rankin Drug Co.Supreme Court of Georgia · 1913
- Whittle v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1912
- Schoeppel v. PfannensteilSupreme Court of Kansas · 1927
- C. M. Miller Co. v. LuncefordCourt of Appeals of Georgia · 1936
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