Stephens v. Augusta Telephone & Electric Co.
Supreme Court of Georgia
Petition for leave to sue receiver. Before Judge Gary. Richmond superior court. December 28, 1903. Stephens- and others presented their petition to the judge of the superior court of Richmond county, alleging, in brief, the following facts: Petitioners sold certain described realty in the City of Augusta to the Augusta Telephone and Electric Company, a corporation, at the price of $7,500, of which $2,000 in cash and $500 in common stock of the corporation were paid down, and…
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Petition for leave to sue receiver. Before Judge Gary. Richmond superior court. December 28, 1903. Stephens- and others presented their petition to the judge of the superior court of Richmond county, alleging, in brief, the following facts: Petitioners sold certain described realty in the City of Augusta to the Augusta Telephone and Electric Company, a corporation, at the price of $7,500, of which $2,000 in cash and $500 in common stock of the corporation were paid down, and the company’s note given for the balance. Petitioners executed a bond to the company to make title upon payment of the…
1Opinion of the CourtFish, P. J.
(After stating the foregoing facts.) It is a well-established rule, that it rests in the sound judicial discretion of the court, administering assets through its receiver, whether ■it will permit an independent action to be brought against the receiver, or compel the applicant to intervene in the suit in which the receiver was appointed; and that a refusal to grant leave to bring such an independent action will, on review, be upheld, unless it appears that there has been a manifest abuse of such discretion. High on Receivers, 254 b. In Meeker v. Sprague, 5 Wash. 242, it was held: “ Where a…
2Cases cited7 opinions
- Blake v. State Savings BankWashington Supreme Court · 1895
- Meeker v. SpragueWashington Supreme Court · 1892
- Mechanics' National Bank of New York v. LandauerWisconsin Supreme Court · 1887
- Citizens' Commercial & Savings Bank v. Bay Circuit JudgeMichigan Supreme Court · 1896
- Fox River Paper Co. v. Western Envelope Co.Appellate Court of Illinois · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Durand & Co. v. Howard & Co.Court of Appeals for the Second Circuit · 1914
- Weslosky v. QuartermanSupreme Court of Georgia · 1905
- Fried v. SullivanCourt of Appeals of Georgia · 1921
- Holmes & Hibbard Mortgage Co. v. Ardmore Nat. BankSupreme Court of Oklahoma · 1915
- Vautrot v. WestCourt of Appeals of Georgia · 2005
3 more not listed; retrieve them via the Exa API.