Georgia Reports Volume 54

Georgia Reports Volume 54

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ...Nor does the bill charge that complainants did not know of the sale and intended purchase; nor is there any denial, by affidavit or otherwise, that they did not receive the notice sent to them, nor do they set up that they were ignorant of the suit which their own company had instituted, under which the decree of sale had been obtained. The injunction was refused, and complainants excepted. R. TooMns; S. H. HAltDEMAN, for plaintiffs in error. W. H. HULL, for defendants. TRIPPE, Judge. The injunction prayed for was to restrain the defendant from further paying interest upon its indorsement of the bonds of the Western Railroad, and also from consummating the purchase which it and the Central Railroad and Banking Company had made of the Western Railroad. The chancellor, in refusing the-injunction, put his decision on the ground that there was enough before him at the hearing to raise such a presumption of "ratification or consent of complainants, either actual or constructive," to the acts complained against, as to authorize him to refuse to interfere by injunction, and that the question whether they did so consent and ratify should be determined by ajury. We cannot say his discretion was abused. As to the matter of the liability of the de Cozart cl al. vs. The Georgia Railroad and Banking Company. fendant corporation upon its indorsements, enough appears in the record, which, if sustained at the final hearing, would authorize an absolute decree against complainants refusing the injunction on the ground that the railroad company could not deny its liability, and that the sfockholders were committed either by direct approval of the transaction or by having given such authority to the officers of the corporation, that they cannot...
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Product details

  • Paperback | 246 pages
  • 189 x 246 x 13mm | 445g
  • United States
  • English
  • black & white illustrations
  • 1236939050
  • 9781236939050