Cashen v. Southern Mutual Building & Loan Ass'n
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Lumpkin. Eulton superior court. June 28, 1901. Fully-paid stock a debt, and entitled to be paid in preference to instalment stockholders: Cook v. Equitable B. & L. Asso., 104 Ga. 814, 829; Savannah Beal Estate, Loan & Building Co. v. Silverberg, 108 Ga. 281, 289. In re Guardian etc. Soc., 23 Ch. Div. 464; People ex rel.
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Exceptions to auditor’s report. Before Judge Lumpkin. Eulton superior court. June 28, 1901. Fully-paid stock a debt, and entitled to be paid in preference to instalment stockholders: Cook v. Equitable B. & L. Asso., 104 Ga. 814, 829; Savannah Beal Estate, Loan & Building Co. v. Silverberg, 108 Ga. 281, 289. In re Guardian etc. Soc., 23 Ch. Div. 464; People ex rel. Fairchild, 140 N. Y. 549, s. c. 24 L. R. A. 57; MunhaU v. Boedecker, 44 111. App. 131; Dickinson v. Continental Trust Co., 52 N. Y. Supp. 672, s. c. 23 Misc. Rep. 489; Commonwealth v. Anchor B. & L. Asso., 10 Pa. Dist. Rep. 167;…
1Opinion of the CourtLumpkin, P. J.
The assets of the Southern Mutual Building & Loan Association were, on February 5, 1897,upon an equitable petition, placed in the hands of receivers, for administration and distribution. The case was referred to T. A. Hammond, Esq., as auditor, who passed upon the various issues arising in the Etigation thus inaugurated, and, in due time, filed his report. It appears that at least two classes of persons held what may be termed “ stock certificates” in the association. To one of these classes belonged those who undertook to mature their stock in the association by paying in monthly…
2Cases cited1 opinion
- Cook v. Equitable Building & Loan Ass'nSupreme Court of Georgia · 1898
3Cited by6 opinions
- Barrymore v. KempCourt of Appeals for the Ninth Circuit · 1934
- O'Neal v. Automobile Piston & Parts Co.Supreme Court of Georgia · 1939
- Manry v. TwittySupreme Court of Georgia · 1909
- Cohen v. SwinkSupreme Court of Virginia · 1939
- Parker v. HealdDistrict of Columbia Court of Appeals · 1907
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