Glover Grocery Co. v. Dorne
Supreme Court of Georgia
Certiorari. Before Judge Littlejohn. -Sumter superior court. January 1,1902. Dome was sued in a city court on an open account. He pleaded that the plaintiff had agreed to accept forty per cent, in full satisfaction of all his indebtedness to plaintiff, which sum he had paid. He offered an amendment to his plea, which the court would not allow; and in a petition for certiorari he assigned this ruling as error. The certiorari was sustained, and the plaintiff excepted.
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Certiorari. Before Judge Littlejohn. -Sumter superior court. January 1,1902. Dome was sued in a city court on an open account. He pleaded that the plaintiff had agreed to accept forty per cent, in full satisfaction of all his indebtedness to plaintiff, which sum he had paid. He offered an amendment to his plea, which the court would not allow; and in a petition for certiorari he assigned this ruling as error. The certiorari was sustained, and the plaintiff excepted. Th e amendment alleged, in brief, that Dome was adjudicated a bankrupt in the U. S. court, after which adjudication he tendered…
1Opinion of the CourtLumpkin, P. J.
Without stating the facts of this case, it is sufficient to say that it turns upon the question indicated above, which was, in our opinion, rightly decided by the superior court. Sec- ■ tion 12 of the bankrupt act of 1898 declares that a bankrupt may, at a specified stage of the proceedings, “ offer terms of composition” *218to bis creditors, and provides for the filing of an “ application for the confirmation of a composition ” after its acceptance “in writing by a majority in number of all creditors whose claims have been allowed, which number must represent a majority in amount of such…
2Cited by6 opinions
- In Re KornbluthCourt of Appeals for the Second Circuit · 1933
- In re HarveyDistrict Court, E.D. Pennsylvania · 1906
- Cobb v. First Nat. BankDistrict Court, N.D. Georgia · 1920
- Levy v. American Wholesale Corp.Court of Appeals of Georgia · 1924
- Dunlop Milling Co. v. OzburnSupreme Court of Georgia · 1924
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