Legal Opinion

Alabama & G. Manuf'g Co. v. Robinson

Court of Appeals for the Fifth Circuit

Decided May 30, 1893No. 97PublishedCited by 7 opinions

Appeal from the Circuit Court of the United States for the Northern District of Georgia. In Equity. -Suit by J. J. Robinson, trustee, against the Alabama & Georgia; Manufacturing Company, the Huguley Manufacturing Company,.and William T. Huguley, to foreclose a trust deed given by the first-mentioned company. A demurrer to. the bill was overruled, (-.3 Fed. Rep. 12.) and a decree of foreclosure was entered.

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Appeal from the Circuit Court of the United States for the Northern District of Georgia. In Equity. -Suit by J. J. Robinson, trustee, against the Alabama & Georgia; Manufacturing Company, the Huguley Manufacturing Company,.and William T. Huguley, to foreclose a trust deed given by the first-mentioned company. A demurrer to. the bill was overruled, (-.3 Fed. Rep. 12.) and a decree of foreclosure was entered. Subsequently, tlie case was beard on demurrer to a petition for attorneys’ fees, and (lie demurrm- was sustained. 51 Fed. Rep. 268. Defendants appeal from the foreclosure decree.

1Opinion of the Court

McCORMICK, Circuit Judge.

The Alabama & Georgia Manufacturing Company issued bonds to the amount of $65,000. In the mortgage to secure the same it is stipulated:

"To provide l'or tlie payment oí (he bonds aforesaid, and the interest thereon, at the time and place when and where the same shall respectively fail due and payable, the said J. J. Robinson, W. O. Yancey, and W. T. Huguley, or a majority of them, or their survivors and successors, are hereby authorized and empowered, should default be made in the jtayment of said bonds when they fall due, or in the payment of ihe interest on said…

2Cases cited1 opinion

  1. Chicago & Vincennes Railroad v. FosdickSupreme Court of the United States · 1882

3Cited by7 opinions

  1. Griffin v. JonesSupreme Court of Oklahoma · 1914
  2. Alabama & G. Manuf'g Co. v. RobinsonCourt of Appeals for the Fifth Circuit · 1896
  3. Bizzell v. . RobertsSupreme Court of North Carolina · 1911
  4. Huguley Mfg. Co. v. Galeton Cotton MillsCourt of Appeals for the Fifth Circuit · 1899
  5. Robinson v. Alabama & G. Manuf'g Co.U.S. Circuit Court for the Northern District of Georgia · 1894

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