Legal Opinion

Farmers & Merchants Bank v. Bennett & Co.

Supreme Court of Georgia

Decided August 12, 1904PublishedCited by 8 opinions

Complaint. Before Judge Taliaferro. City court of Sanders-ville. January 25, 1904. cited Civil Code, §§2895, 2956, 2959, 3889, 4935, 5105; Ga. B. 4/443; 78/575; 103/171; 90/698; 113/1010; 74/320; 110/477; 115/23; 22 A. & E. Ene. L. (2d ed.) 866. cited Civil Code, §§ 3694, 4960; Ga. B. 69/661 (2); 73/641 (1); 77/153; .110/779 (2, 3); 69/825; 79/315; 110/480; 4 Cyc. of L. 340 (3).

1Opinion of the CourtEvans, J.

The Farmers and Merchants Bank brought against the firm of Bennett & Co. an action the nature of which will be readily seen from the following allegations set forth in the plaintiff’s petition : “ On Sepember the 25th, 1900, Dr. L. A. Graybill stored with the Tennille Warehouse Company two bales of cotton, taking said Warehouse Company’s receipts for the same. . . The said L. A. Graybill deposited said receipts with petitioner for the purpose of securing an overdraft of his account. Afterwards [he] paid said overdraft and demanded said receipts; and upon search for the same, they could not be…

2Cases cited3 opinions

  1. Flannery v. HarleySupreme Court of Georgia · 1903
  2. Buchanan v. McClainSupreme Court of Georgia · 1900
  3. Central Georgia Land & Lumber Co. v. Exchange BankSupreme Court of Georgia · 1897

3Cited by8 opinions

  1. Studdard v. EvansCourt of Appeals of Georgia · 1964
  2. Dell v. KugelCourt of Appeals of Georgia · 1959
  3. Bank of Oglethorpe v. BrooksCourt of Appeals of Georgia · 1924
  4. Jasper School District v. GormleyCourt of Appeals of Georgia · 1938
  5. Graham v. FrazierCourt of Appeals of Georgia · 1950

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