Boykin, Seddon & Co. v. Epstein
Supreme Court of Georgia
Equitable petitions, etc. Before Judge Ealuigant. Chatham superior court. June term, 1898. Boykin, Seddon & Company and numerous others, on behalf of themselves and all other creditors of Epstein & Wannbacher who might come in and join with them, filed their petition against Epstein & Wannbacher and the members -of that firm, and against S. Herman, Eanny Joseph, Sophie Lehman, I. G-. Haas, S. Mann, M. Boley & Son, I. Epstein & Brother, H. M. Selig, A. Ehrlich & Brother, the…
Read the full summary
Equitable petitions, etc. Before Judge Ealuigant. Chatham superior court. June term, 1898. Boykin, Seddon & Company and numerous others, on behalf of themselves and all other creditors of Epstein & Wannbacher who might come in and join with them, filed their petition against Epstein & Wannbacher and the members -of that firm, and against S. Herman, Eanny Joseph, Sophie Lehman, I. G-. Haas, S. Mann, M. Boley & Son, I. Epstein & Brother, H. M. Selig, A. Ehrlich & Brother, the Savannah Grocery Company, Moore & Johnson, Miriau L. Lilienthal, Herman & Kay-ton, L. Steyerman & Brother, Rheinstrom…
1Opinion of the Court
Lumpkin, Justice.
1. Section 1954 of the code of 1863 made void, as to creditors, “Every assignment or transfer by a debtor, insolvent at the time, of real or personal property of any description to any person, either in trust or for the benefit of himself or any one or more of his creditors, or any person appointed by him, to the exclusion of any other creditor in the equal participation of such property, unless such assignment or transfer [was] & bona fide sale, in extinction, in whole or in part, of the debt of the purchaser, and without any trust or benefit reserved to the seller or any…
2Cases cited3 opinions
- Baer v. English & Co.Supreme Court of Georgia · 1890
- Powell, Brother & Co. v. Kelly Bros. & PorterSupreme Court of Georgia · 1889
- Hale-Berry Co. v. Diamond State Iron Co.Supreme Court of Georgia · 1894
3Cited by5 opinions
- Suttles v. VickerySupreme Court of Georgia · 1934
- Garrard v. Milledgeville Banking Co.Supreme Court of Georgia · 1929
- Fulton & Bro. v. Gibian & Co.Supreme Court of Georgia · 1896
- Lynch v. FowlerCourt of Appeals of Texas · 1923
- Fidelity Banking & Trust Co. v. Kangara Valley Tea Co.Supreme Court of Georgia · 1894