Cozart v. Georgia Railroad & Banking Co.
Supreme Court of Georgia
Injunction. Corporations. Stockholders. Railroads. Before Judge Gibson. Richmond county. At Chambers. May 11, 1875. Prior to April, 1870, the Central Railroad and Banking Company of this State, by an arrangement made with the Montgomery and West Point Railroad Company, now-the Western Railroad Company' of Alabama, whose eastern terminal points were West Point and Columbus, had secured advances to itself, which the authorities of the Georgia Railroad and Banking Company…
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Injunction. Corporations. Stockholders. Railroads. Before Judge Gibson. Richmond county. At Chambers. May 11, 1875. Prior to April, 1870, the Central Railroad and Banking Company of this State, by an arrangement made with the Montgomery and West Point Railroad Company, now-the Western Railroad Company' of Alabama, whose eastern terminal points were West Point and Columbus, had secured advances to itself, which the authorities of the Georgia Railroad and Banking Company believed were greatly injurious to their interests. The president of the latter company, on the 29th of April, 1870, entered…
1Opinion of the Court
Trippe, Judge.
The injunction prayed for was to restrain the defendant from further paying interest upon its indorsement of the bonds of the estera Railroad, and also from consummating the purchase which it and the Central Railroad and Banking Company had made of the Western Railroad. The chancellor, in refusing the injunction, put his decision on the ground that there was enough before him at the hearing to raise such a presumption of “ratification or consent of complainants, either actual or constructive,” to the acts complained against, as to authorize him to refuse to interfere by…
2Cases cited1 opinion
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- Peeples v. PeeplesSupreme Court of Georgia · 1942
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