Legal Opinion

Ray v. Home & Foreign Investment & Agency Co.

Supreme Court of Georgia

Decided January 20, 1896PublishedCited by 11 opinions

Petition for injunction. Before Judge Lumpkin. Fulton county. The petition of Ray alleged: On February 11, 1892, he executed to the Home & Foreign Investment & Agency ■Company, Limited, a deed to three parcels of land in Fulton county, Georgia, describing them. Said company is a foreign and alien corporation, having its principal office and officers at Norwich, England.

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Petition for injunction. Before Judge Lumpkin. Fulton county. The petition of Ray alleged: On February 11, 1892, he executed to the Home & Foreign Investment & Agency ■Company, Limited, a deed to three parcels of land in Fulton county, Georgia, describing them. Said company is a foreign and alien corporation, having its principal office and officers at Norwich, England. The deed was given, and it so recites, to secure the payment of a promissory note', with interest and cost of collection, made by petitioner to said company, for $2,000 to become due February, 1897. The deed further recites,…

1Opinion of the Court

Atkinson, Justice.

The facts appear in the official report.

1. It was urged upon this court, as one of the reasons why injunction should have been granted by the circuit judge, that the power to sell, being conferred generally upon “the holder of the note” to secure which the deed was given, was too indefinite as to the personnel of the donee of the power to .admit of its exercise by any one. Whatever may have been the force of that proposition as applied to. one who became by assignment or indorsement the holder of the note, we encounter no difficulty in holding that the person sought to be…

2Cases cited1 opinion

  1. Palmer v. YoungSupreme Court of Georgia · 1895

3Cited by11 opinions

  1. Ray v. Home & Foreign Investment & Agency Co.Supreme Court of Georgia · 1899
  2. State v. American Book Co.Supreme Court of Kansas · 1904
  3. Redwine v. FrizzellSupreme Court of Georgia · 1937
  4. Eastern Building & Loan Ass'n v. BedfordU.S. Circuit Court for the District of Western Tennessee · 1898
  5. Universal Chain Theatrical Enterprises Inc. v. OldknowSupreme Court of Georgia · 1933

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