Grannis v. Cubbedge, Hazlehurst & Co.
Supreme Court of Georgia
Bankruptcy. Contráctil. Principal and Agent. Before Judge Simmons. Bibb Superior Court. April Term, 1883. E. 0. Grannis andMartba T. Wheaton (now Trammell) brought separate suits against Cubbedge, Hazlehurst & Co., and by agreement they were tried together. Each was based on a receipt of the form set out in the decision.
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Bankruptcy. Contráctil. Principal and Agent. Before Judge Simmons. Bibb Superior Court. April Term, 1883. E. 0. Grannis andMartba T. Wheaton (now Trammell) brought separate suits against Cubbedge, Hazlehurst & Co., and by agreement they were tried together. Each was based on a receipt of the form set out in the decision. It was admitted that defendants had been discharged in bankruptcy; but it was insisted that the debt was of a fiduciary character, and not affected by the bankruptcy. On the trial, the receipts were introduced, and Grannis testified to the delivery of the bonds under the…
1Opinion of the Court
Jackson, Chief Justice.
The question made by this record is, whether the defendants are discharged from paying the bonds in the receipts sued on, by their discharge in bankruptcy. If so, the grant of the nonsuit was right -, if not, wrong. Whether discharged or not, turns on this other point, do the receipts make a fiduciary debt under the provision of the bankrupt act of 1867—Revised Stat. U. S., §5117?
The receipts set out four seven per cent bonds on the Western & Atlantic Railroad Company, Georgia, numbers 1161, 1165, 1166, and 2123, one six per cent state of Georgia bond, No. 2131, each…
2Cases cited3 opinions
- Jones v. RussellSupreme Court of Georgia · 1871
- Hill v. SheibleySupreme Court of Georgia · 1882
- Gilreath & Son v. Holston Salt & Plaster Co.Supreme Court of Georgia · 1881