Chalman v. Dodd

Decided April 19, 1919

Court of Appeals of Georgia · decided 1919-04-19

Certiorari; from Fulton superior court—Judge Ellis. October 30,1918. - Harry Dodd, trustee in bankruptcy for Randolph Rose Company, a corporation, sued Chalman in the municipal court of Atlanta, alleging that as such trustee he administered the business and affairs of the bankrupt corporation by, disposing of all its tangible assets at public sale; that as a result of such administration he obtained no money with which to pay general creditors, the proceeds having been used…

Cited by 2 later decisions — most recently September 1934

2 state decisions

Relies on Traders Insurance v. Mann · Chappell v. Lowe · Spratling v. Westbrook

Good law ✅— No negative treatment on recordhow we know

Decided 1919-04-19

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Luke, J.

¶11. It is not necessary for a trustee in bankruptcy-to obtain an order of court authorizing him to institute suit for the collection of the debts due the estate before he may sue for the collection of such debts. See Traders Ins. Co. v. Mann, 118 Ga. 381 (5) (45 S. E. 426). Nor does it appear from the allegations of this petition that it was necessary that any other stock subscriber of .the bankrupt corporation should be joined as party defendant in the suit by the trustee. Spratling v. Westbrook, 140 Ga. 625 (1), 627 (79 S. E. 536); Chappell v. Lowe, 145 Ga. 717 (89 S. E. 777).

¶22. The suit was not subject to general demurrer. The judge of the superior court did not err in sustaining the certiorari.

¶3Judgment affirmed.

Wade, C. J., and Jenkins, J., concur.Lowndes Calhoun, for plaintiff in error.C. H. Calhoun, W. S. Dillon, C. M. Lancaster, contra.