Legal Opinion

Nussbaum & Dannenberg v. Heilbron

Supreme Court of Georgia

Decided September 15, 1879PublishedCited by 4 opinions

Equity. Debtor aud creditor. Discovery. Principal and agent. Before Judge Crisp. Randolph Superior Court. May Term, 1879. Nussbaum & Dannenberg filed their bill against Theodore Heilbron and Julius Heilbron making, in substance, this case : In the summer and fall of 1877, Theodore Heilbron was carrying on a mercantile business in the town of Cuthbert, in tbe name of “ J. Heilbron,” meaning thereby Julius Heilbron.

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Equity. Debtor aud creditor. Discovery. Principal and agent. Before Judge Crisp. Randolph Superior Court. May Term, 1879. Nussbaum & Dannenberg filed their bill against Theodore Heilbron and Julius Heilbron making, in substance, this case : In the summer and fall of 1877, Theodore Heilbron was carrying on a mercantile business in the town of Cuthbert, in tbe name of “ J. Heilbron,” meaning thereby Julius Heilbron. Julius is an old man of about ninety years of age, and tbe father of Theodore. The capital employed in the business belonged exclusively to the latter. Julius had no property and…

1Opinion of the Court

Bleckley, Justice.

1. According to the charges of the bill, the father had no capital, and the son no character. The man withoui character carried on business in the name, and upon the credit, of the man without capital. Of course, this was holding out the latter as owner of the business; and if he was not owner in fact, such holding out was a false pretense and a fraud. There would be an estoppel upon the son to deny ownership by the father, in so far as credit in the business was extended to the father. If the creditors sustain loss-by’reason of trusting to the apparent ownership of the…

2Cases cited1 opinion

  1. Huff v. Ripley & TinsleySupreme Court of Georgia · 1877

3Cited by4 opinions

  1. Crosby v. MeeksSupreme Court of Georgia · 1899
  2. Hockaday v. Board of County CommissionersColorado Court of Appeals · 1892
  3. Hockaday v. Board of County CommissionersColorado Court of Appeals · 1892
  4. In re: Fulcrum Loan Holdings, LLC, et al.United States Bankruptcy Court, N.D. Georgia · 2025

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