National Bank v. Amoss
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Park. Hancock superior court. September 30, 1914. The Sparta Cotton Mill and its directors, who also sued as stockholders, brought an action against the other stockholders and creditors of the corporation, for equitable adjustment of the stockholders’ liabilities and for marshaling and distribution of its assets. ' The petition alleged that the persons named as stockholders undertook to form a corporation, and signed the following…
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Exceptions to auditor’s report. Before Judge Park. Hancock superior court. September 30, 1914. The Sparta Cotton Mill and its directors, who also sued as stockholders, brought an action against the other stockholders and creditors of the corporation, for equitable adjustment of the stockholders’ liabilities and for marshaling and distribution of its assets. ' The petition alleged that the persons named as stockholders undertook to form a corporation, and signed the following subscription agreement: “Sparta, Georgia, March 27, 1907. Eor the purpose of organizing the Sparta Cotton Mill, a…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) 1. About six years after the incorporation of the Sparta Cotton Mill, and pending the present'action to wind up its affairs and to equitably adjust the liabilities of the stockholders and to distribute its assets, the defending stockholders, by amendment, pleaded a release from their subscription contract, on the ground that they subscribed to a capital stock in a corporation to be formed for the purpose of building and operating a cotton-mill in the city of Sparta, whereas the charter- of the corporation provided for authority to construct and operate…
2Cases cited10 opinions
- Walton Guano Co. v. CopelanSupreme Court of Georgia · 1900
- Winter v. Muscogee RailroadSupreme Court of Georgia · 1852
- Snook v. Georgia Improvement Co.Supreme Court of Georgia · 1889
- Atlanta Steel Co. v. MynahanSupreme Court of Georgia · 1912
- Comanche Cotton Oil Co. v. BrowneTexas Supreme Court · 1906
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3Cited by14 opinions
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- William R. Putnam, Plaintiff-Appellant-Cross-Appellee v. Robert R. Williams, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Fifth Circuit · 1981
- Barnett v. D. O. Martin Co.Supreme Court of Georgia · 1940
- Johnson v. Tribune-Herald Co.Supreme Court of Georgia · 1923
- McKenzie v. Guaranteed Bond & Mortgage Co.Supreme Court of Georgia · 1929
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