Dinkler v. Potts & Potts
Supreme Court of Georgia
Debtor and creditor. Mortgage. Fraud. Title. Before Judge Miller. Bibb county. Potts &' Potts, Altmayer & Flateau and others brought their equitable petition against C. S. Smith, their debtor, and Ira L. Smith and L. J. Dinkier, holders of mortgages given by O. S. Smith.
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Debtor and creditor. Mortgage. Fraud. Title. Before Judge Miller. Bibb county. Potts &' Potts, Altmayer & Flateau and others brought their equitable petition against C. S. Smith, their debtor, and Ira L. Smith and L. J. Dinkier, holders of mortgages given by O. S. Smith. They prayed for the appointment of a receiver; that they might separate the goods sold by them from the general stock, and that such goods be delivered to them upon their entering into bond, or that the receiver be required to sell' the goods in separate parcels, keeping the funds arising therefrom separate and distinct so…
1Opinion of the Court
*103 Judgment affirmed,.
The original petition alleged that the petitioners were creditors of C. S. Smith in sums set forth in the petition, making an aggregate of $2,464.91, for goods, nearly all of which were delivered to said Smith within the preceding sixty days, and a very large proportion of them within the month preceding the filing of the petition. Petitioners shipped the goods to Smith because of the confidence they had in him, on account of continued business dealings, and also on account of his representations to them as to his solvency and ability to pay for the goods. The…
2Cited by9 opinions
- Mashburn & Co. v. Dannenberg Co.Supreme Court of Georgia · 1903
- Sutton v. FordSupreme Court of Georgia · 1916
- MacDougall v. National BankSupreme Court of Georgia · 1920
- Atlanta Brewing & Ice Co. v. Bluthenthal & BickartSupreme Court of Georgia · 1897
- Matthews v. KennedySupreme Court of Georgia · 1901
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