Weihl, Probasco & Co. v. Atlanta Furniture Manufacturing Co.
Supreme Court of Georgia
Injunction and receiver. Mortgage. Insolvent corporation. Debtor and creditor. Indorsement. Stockholder. Usury. * Before Judge Richard EL Clark. Fulton county.
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Injunction and receiver. Mortgage. Insolvent corporation. Debtor and creditor. Indorsement. Stockholder. Usury. * Before Judge Richard EL Clark. Fulton county. At chambers, February 18, 1892. A petition in the nature of a creditor’s bill was brought, October 28, 1891, by Weihl, Probasco & Co., representing that they were creditors of the Atlanta Furniture Manufacturing Co. by promissory notes amounting to $4,101.82, of different dates from January 12 to March 19, 1891, and by Mayer & Lowenstein, representing that they were creditors of the same company in the sum of $351.23; both alleging…
1Opinion of the Court
*298 Judgment affirmed, with direction.
Demurrers and answers were filed by all the defendants. The answer of the Capital City Bank sets up that its mortgage is valid for money loaned, and the note it was given to secure bears the bona fide indorsement of A. J. Miller & Son, but the bank has no lien on two funds and no lien save its mortgage which was legally executed by authority of the stockholders of the furniture company at a legal meeting; that the bank is amply solvent and able to respond to any decree that may be rendered against it; that Weihl, Probasco & Co. knew of the existence of all…
2Cited by7 opinions
- Ware v. RankinCourt of Appeals of Georgia · 1958
- Blumenfeld v. Citizens Bank & Trust Co.Supreme Court of Georgia · 1929
- Stone v. Georgia Loan & Trust Co.Supreme Court of Georgia · 1899
- Atlas Tack Co. v. Exchange BankSupreme Court of Georgia · 1900
- Atlas Tack Co. v. Macon Hardware Co.Supreme Court of Georgia · 1897
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