Wilkes v. Knight
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Thomas. Ware superior court. July 19, 1913. The Bank of Waycross made an assignment for the benefit of its creditors, on November 23, 1907. At a later date receivers were appointéd.
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Exceptions to auditor’s report. Before Judge Thomas. Ware superior court. July 19, 1913. The Bank of Waycross made an assignment for the benefit of its creditors, on November 23, 1907. At a later date receivers were appointéd. Certain persons intervened, alleging that on July 11, 1907, the bank increased its capital stock, and the intervenors purchased some of the new shares at different times extending to September 3, and that they were induced to take these shares by fraud-lent representations; and they sought to have their subscriptions canceled, and in cases where payments had been made…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. The finding by the auditor as matter of law that each of the intervenors had no right of rescission of his subscription as against creditors of the Bank of Waycross whose debts were created subsequently to his subscription, and which were outstanding and unpaid, as an announcement of a general rule is in accord with the ruling made when the cases were formerly before this court on demurrer. Gress v. Knight, 135 Ga. 60. Whether this general statement is subject to modification with reference to the rights of any particular creditor, by reason of his…
2Cases cited3 opinions
- Newton Nat. Bank v. NewbeginCourt of Appeals for the Eighth Circuit · 1896
- Gress v. KnightSupreme Court of Georgia · 1910
- Lantry v. WallaceCourt of Appeals for the Eighth Circuit · 1899
3Cited by3 opinions
- Petroleum Casualty Co. v. GreenCourt of Appeals of Texas · 1928
- Duke v. JohnsonWashington Supreme Court · 1923
- Gormley v. FitzgeraldCourt of Appeals of Georgia · 1934