Lowry Banking Co. v. Abbott & Smith

Simmons, Justice.

Certain creditors of Wyly & Greene, through their counsel, Abbott & Smith, filed their petition in equity in the nature of a creditor’s bill, under §§3149(a) et seq., of the code, alleging the insolvency of Wyly & Greene, and praying for an injunction and for a receiver to take charge of their assets. The injunction was granted and a receiver appointed, who took charge of the assets and administered them, and brought a fund of $30,000 into court to be distributed to the creditors. After the petition was filed and the receiver appointed, the Lowry Banking Company made itself a…