129 Ga. 53 | Ga. | 1907
(After stating the facts.)
It is unnecessary to discuss the eases cited by^ plaintiffs in. error in detail. The case last above referred t( ease of Third National Bank v. Van Haagen Mfg. 0., 141 Penn. St. 214, 21 Atl. 598, 12 L. R. A. 223, seems to/e m°st confidently
Counsel for plaintiffs in error contend that if it appears that petitioner is neither a stockholder nor a creditor of the Andrews Co., it must follow that it is not’ entitled to maintain the present action. But as we view it, the fact of its being neither a stockholder nor a creditor of the corporation removes all doubt as to its right to equitable relief at this time. Had it been a stockholder, it might, as we-have said, have had some voice in the control and
If we have stated the correct doctrine as to the right of pledgees of stock in cases like that stated in this petition, the court did not err in overruling the demurrers of any of the defendants, which were general in their nature; though it must follow as a matter of course, from what we have said in this opinion, that the plaintiff is not entitled to a judgment upon its notes against the Andrews Co., and so much of the prayer of the petition as seeks this particular relief against the corporation must be unavailing, however righteous the other demands in the petition may be.
Judgment affirmed.