Burgwyn Bros. Tobacco Co. v. Bentley & Co.
Supreme Court of Georgia
Mortgage. Amendment. Evidence. Debtor and creditor. Usury. Before Judge Marshall J. Clarke. Fulton superior court. March term, 1892. Burgwyn Brothers Tobacco Company and others filed their petition in the nature of a creditor’s bill against their debtors, J. M. Bentley & Company, and certain other defendants, asking for injunction, receiver, etc.
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Mortgage. Amendment. Evidence. Debtor and creditor. Usury. Before Judge Marshall J. Clarke. Fulton superior court. March term, 1892. Burgwyn Brothers Tobacco Company and others filed their petition in the nature of a creditor’s bill against their debtors, J. M. Bentley & Company, and certain other defendants, asking for injunction, receiver, etc. After a hearing the court denied the prayer for receivership so far as the stock of goods of Bentley & Company was concerned, but granted a receiver as to other assets they might have, with authority to demand of the sheriff and receive any surplus…
1Opinion of the Court
Lumpkin, Justice.
The facts, other than those herein mentioned, which may be necessary to a full understanding of the rulings made by this court in this case, will be stated by the reporter.
1. When it is incumbent upon a party other than the mortgagee to prove that he owns a mortgage, he should show a written transfer of it to himself; but this is certainly not necessai’y in a particular case when it is alleged in the pleadings of the opposite party that the mortgage has been transferred to him.
2. They?, fa. which Lewis introduced over the plaintiffs’ objection was not properly issued and was…
2Cases cited3 opinions
- Weihl, Probasco & Co. v. Atlanta Furniture Manufacturing Co.Supreme Court of Georgia · 1892
- Nicholson & Co. v. WhaleySupreme Court of Georgia · 1892
- Brooks v. ToddSupreme Court of Georgia · 1887
3Cited by3 opinions
- Stone v. Georgia Loan & Trust Co.Supreme Court of Georgia · 1899
- Simpson v. JonesSupreme Court of Georgia · 1936
- Ragan v. Coley & BrotherCourt of Appeals of Georgia · 1908