Andrews Co. v. National Bank of Columbus
Supreme Court of Georgia
Equitable petition. Before EL IE. Swift, judge pro liac viceMuscogee superior court. June 27, 1906. The National Bank of Columbus filed' an equitable petition against' the defendants, Andrews Co., a corporation, Ernest Andrews, Lane, Bagley, and others, as individuals, seeking to obtain, judgment against them on certain promissory notes; and against these and other defendants, Schuessler and Roberts, to have an. alleged fraudulent sale of the assets of the Andrews Co. to the…
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Equitable petition. Before EL IE. Swift, judge pro liac viceMuscogee superior court. June 27, 1906. The National Bank of Columbus filed' an equitable petition against' the defendants, Andrews Co., a corporation, Ernest Andrews, Lane, Bagley, and others, as individuals, seeking to obtain, judgment against them on certain promissory notes; and against these and other defendants, Schuessler and Roberts, to have an. alleged fraudulent sale of the assets of the Andrews Co. to the last, two named defendants set aside, and to have a receiver appointed to take charge of the assets of said company;…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1. When all of the allegations in the petition, relative to the oeation of the debt represented by the notes attached to the petitim, are considered together, no doubt remains that the debt is ontfrom Ernest Andrews, Lane, and the'other makers of the note, individual^, and not the debt of the Andrews Co., the corporate, to the bank. This conclusion is not to be affected by the genera recitals that the debt was one of the Andrews, Co., and thgt th money obtained, which was the consideration of the notes, w¡¡ for the use and benefit of the Andrews Co., and was placed…
2Cases cited3 opinions
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