Powell, Brother & Co. v. Kelly Bros. & Porter
Supreme Court of Georgia
Debtor and creditor. Sales. Assignments. Preferences. Statutory law. Code. Fraud. Before Judge Hutchins. Walton county. At cliambers, January 4, 1889. Powell, Brotlaer & Co., by their petition, alleged as follows: They were creditors of Kelly Brothers & Porter, a mercantile firm possessed of assets of the value of about $100,000. About December 14th, 1888, being insolvent, Kelly Brothers & Porter made a pretended sale of all their assets to one S. M. Whitney, and this sale…
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Debtor and creditor. Sales. Assignments. Preferences. Statutory law. Code. Fraud. Before Judge Hutchins. Walton county. At cliambers, January 4, 1889. Powell, Brotlaer & Co., by their petition, alleged as follows: They were creditors of Kelly Brothers & Porter, a mercantile firm possessed of assets of the value of about $100,000. About December 14th, 1888, being insolvent, Kelly Brothers & Porter made a pretended sale of all their assets to one S. M. Whitney, and this sale was made to defraud their creditors. No inventory of assets or list of creditors was attached to the conveyance, ■but it…
1Opinion of the Court
Simmons, Justice.
1. We have carefully read the pleadings and affidavits in this case, and in our opinion there was no error in the court below in refusing the injunction and the appointment of a receiver as prayed for; nor was there any error, under the facts as disclosed by this record, in holding that the transaction between these parties was a sale and not an assignment. The paper, on its face, is an absolute bill of sale. It sells and transfers to Whitney the whole stock of goods, mortgages, notes, accounts, etc., in payment of a pre-existing debt which Kelly Brothers & Porter owed to…
2Cases cited2 opinions
- Coggins v. Stephens & Co.Supreme Court of Georgia · 1884
- Watkins v. PopeSupreme Court of Georgia · 1868
3Cited by5 opinions
- Stillwell, Millen & Co. v. Savannah Grocery Co.Supreme Court of Georgia · 1891
- Silver & Goldstein v. ChapmanSupreme Court of Georgia · 1927
- Boykin, Seddon & Co. v. EpsteinSupreme Court of Georgia · 1894
- Fechheimer v. BaumU.S. Circuit Court for the Southern District of Georgia · 1890
- Fulton & Bro. v. Gibian & Co.Supreme Court of Georgia · 1896