Planters Oil Mill v. Carter
Supreme Court of Georgia
. Beeeivership. Before Judge Jones. Hall superior court. May 3, 1913. On March 6, 1913, J. & J. S. Carter, Georgia Bailway & Power Company, Z. T. Castleberry, J. S. Carter, H. H. Dean, Mrs. A. M. Jaquish, and G. F. Hughes brought an equitable petition against the Planters Oil Mill, the Gainesville Oil Company (domestic corporations), J. C. Cooper, Marshall C. McKenzie, and Harold C. McKenzie.
Read the full summary
. Beeeivership. Before Judge Jones. Hall superior court. May 3, 1913. On March 6, 1913, J. & J. S. Carter, Georgia Bailway & Power Company, Z. T. Castleberry, J. S. Carter, H. H. Dean, Mrs. A. M. Jaquish, and G. F. Hughes brought an equitable petition against the Planters Oil Mill, the Gainesville Oil Company (domestic corporations), J. C. Cooper, Marshall C. McKenzie, and Harold C. McKenzie. The substance of the material allegations of the petition was as follows: On April 11, 1.912,'the Planters Oil Mill, hereinafter referred to as the defendant, or mortgagor, duly executed 17 promissory…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.) “Receivers are not appointed as matter of right, but to preserve rights.” “The power of appointing receivers and ordering injunctions should be prudently and cautiously exercised, and except in clear and urgent eases should not be resorted to.” Civil Code, ■§ 5477. The principal ground on which courts of equity are called upon to lend their extraordinary aid by the appointment of receivers over mortgaged property is the inadequacy of the security for the payment of the mortgage indebtedness. This inadequacy consists of two elements, viz., the insufficiency…
2Cases cited2 opinions
- Ray v. CarlisleSupreme Court of Georgia · 1906
- Eureka Mining, Smelting & Power Co. v. Lewiston Navigation Co.Idaho Supreme Court · 1906
3Cited by8 opinions
- Byrd v. Prudential InsuranceSupreme Court of Georgia · 1937
- Stone v. EdwardsCourt of Appeals of Georgia · 1924
- Dart v. Western Savings & Loan AssociationArizona Supreme Court · 1968
- Adams v. BlalockSupreme Court of Georgia · 1926
- Dickson v. HutchinsonSupreme Court of Georgia · 1931
3 more not listed; retrieve them via the Exa API.