37 Ga. 614 | Ga. | 1868
The Augusta Insurance and Banking Company being unable to pay its debts, assigned all of its property, real and personal, to trustees who were authorized to dispose of the same “by dividing the entire net fund among the creditors of .said company of every sort and description, with no other preference than is or may be authorized by law.” In directing the order in which the trustees should pay out the funds the Court decided that the holders of the bills of the Bank? by th.e laws of Georgia, have no preference over other credit- or’s liquidated demands.
This ruling was excepted to, and the learned counsel for plaintiff in error relies upon section 1493, par. 3,’Eevised Code, section 1495 and 2494. Sections'1493 and 1495 are placed under article III, entitled, “ Forfeiture of Bank charters and liability to stockholders.” After specifying the grounds for which a forfeiture may be declared, and providing for the appointment of a Eeceiver, the Code, in section 1493, prescribes the duties of the Eeceiver as follows: 1st, to convert the property into money; 2d, to pay the creditors pro rata, semi-annually; 3d, “ to pay the holders of the bills before other creditors, if they give notice of their claims within six months4th, to give notice to said bill-holders and other creditors, by a three months publication; 5th, to make annual returns of receipts and disbursements; 6th, to distribute the assets, after paying all the debts, among the stockholders. This entire section is prescribing the duties of a Eeceiver appointed by the Court after the rendition of a judgment forfeiting the charter, and does not apply to a voluntary assignment for the payment of all the debts of the Bank. Section 1494 provides for the Eeceiver’s compensation. Then comes section 1495, chiefly relied upon by counsel for plaintiff in error. This section provides that, “ if the Bank is insolvent, the order of paying off the debts shall be the same as is prescribed in cases of administration, to the extent applicable, 'except where special preference or postponement is given by law.” “If the Bank is insolvent.’
2. Another question made in-this record is, whether “The
There was no parting with the possession of this stock, in the eye of the law. All the Georgia Railroad Bank did, was to assent to the transfer from the name of the Bank to that of its assignees, for the payment of its debts •, the deed of assignment recognising such preferences as were allowed by law. Most clearly this was no such sale as would defeat the lien of the Georgia Railroad Bank, and the Court did right so to hold.
There was no error in permitting other creditors to come in and be made parties to the proceedings to distribute the funds
Judgment affirmed.