Ellison & Son v. Lucas & McDuffie
Supreme Court of Georgia
Partnership. Sales. Debtor and creditor. Before Judge Hutchins. Clarke superior court. October term, 1890. Ellison & Sons; creditors of the firm of Lucas & Mc-Duffie, sued out an attachment alleging that Lucas & McDuffie had transferred their property without consideration to Julius Cohen.
Read the full summary
Partnership. Sales. Debtor and creditor. Before Judge Hutchins. Clarke superior court. October term, 1890. Ellison & Sons; creditors of the firm of Lucas & Mc-Duffie, sued out an attachment alleging that Lucas & McDuffie had transferred their property without consideration to Julius Cohen. Subsequently, and in aid of the attachment, Ellison & Sons filed a petition in equity in behalf of themselves aud the other creditors of the firm, allegingthatLucas & McDuffie had assigned and transferred all their firm assets to Cohen in payment of two individual debts owed by the members of the firm of…
1Opinion of the Court
Lumpkin, Justice.
1. It was held by this court in the ease of Veal v. Veal et al., 86 Ga. 130, 12 S. E. Rep. 297, that a mortgage given by a partnership on partnership property to secure a debt due by one of the partners was valid against creditors of the firm, and that this was especially true when the debt due by the individual member had, by consent of the partners, been made a debt of the firm. This doctrine, irrespective of the qualification as to making the debt that of the firm, is supported by Jones on Chattel Mortgages, §44, there cited. In Veal’s case, the question as to how the…
2Cases cited16 opinions
- Case v. BeauregardSupreme Court of the United States · 1879
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Allen v. Center Valley Co.Supreme Court of Connecticut · 1851
- Rice v. BarnardSupreme Court of Vermont · 1848
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Culberson v. Alabama Construction Co.Supreme Court of Georgia · 1907
- Schneider v. SmithSupreme Court of Georgia · 1940
- Rowe v. ColeSupreme Court of Georgia · 1936
- Bedford v. McDonaldTennessee Supreme Court · 1899
- Excelsior Mill Co. v. HanoverWisconsin Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.