Lowe Bros. Cracker Co. v. Brooke
Supreme Court of Georgia
Before Judge Marshall J. Clarke. Fulton county. September 3, 1892. On July 18, G. W. Brooke, Nelson Morris & Co., and J. J. & J. E. Maddox, for themselves and such' others as might become parties plaintiff, alleging themselves to be creditors of the Lowe Brothers Cracker Company, a corporation, brought their petition against that corporation for injunction and receiver.
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Before Judge Marshall J. Clarke. Fulton county. September 3, 1892. On July 18, G. W. Brooke, Nelson Morris & Co., and J. J. & J. E. Maddox, for themselves and such' others as might become parties plaintiff, alleging themselves to be creditors of the Lowe Brothers Cracker Company, a corporation, brought their petition against that corporation for injunction and receiver. At the hearing several others were made parties plaintiff', on their petitions alleging that they were creditors of the same corporation. On August 4, Atkinson & Burge were made parties defendant, on their petition alleging…
1Opinion of the Court
Bleckley, Chief Justice.
1. "Waiving several questions as needless to be decided, ■the application for a receiver was defeated when it turned out at the hearing that one of the three original petitioners, to wit the firm of J. J. & J. E. Maddox, was not unsecured, but was a secured creditor. The petition -did not allege that the petitioning creditors represented as much as one third of the whole unsecured indebtedness of the debtor corporation. This being so, in order to prevail it was necessary under the code, section 3149(a), as amended by the act of 1889, that all three of the petitioning…
2Cited by4 opinions
- Carling v. Seymour Lumber Co.Court of Appeals for the Fifth Circuit · 1902
- Griner v. StarlingSupreme Court of Georgia · 1967
- Maddox v. LanierSupreme Court of Georgia · 1899
- Farmers Union Warehouse Co. v. Coweta Fertilizer Co.Supreme Court of Georgia · 1909