Legal Opinion

Georgia Railroad & Banking Co. v. Smith

Supreme Court of Georgia

Decided November 11, 1889PublishedCited by 12 opinions

Practice. Charge of court. Railroads. Carriers. Contracts. Evidence. Pleadings. Mistake. Interest. Demand. Before Judge Marshall J. Clarke. Fulton superior court. March term, 1889. Reported in the decision.

1Opinion of the Court

Bleckley, Chief Justice.

In 1874, the State, as owner of the "Western & Atlantic railroad, brought suit in the name of the governor, against the Georgia Railroad & Banking Company, for $3,263.40 principal, besides interest, alleged *628overcharges by the latter paid to it by the former on iron consigned to another railroad company, the Selma, Borne & Dalton. All the iron, the subject-matter of the overcharges sued for, was shipped from Charleston?' most or all of it to Dalton, the residue if any to Borne, and passed first over the South Carolina, then- over the Georgia, and then over the State…

2Cases cited6 opinions

  1. Lilienthal's Tobacco v. United StatesSupreme Court of the United States · 1878
  2. United States v. WigginsSupreme Court of the United States · 1840
  3. Executors of Riggins v. BrownSupreme Court of Georgia · 1852
  4. Emmons v. Westfield BankMassachusetts Supreme Judicial Court · 1867
  5. Claim of Jacobs v. AdamsSupreme Court of the United States · 1781

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1941
  2. Dell v. KugelCourt of Appeals of Georgia · 1959
  3. Southern Railway Co. v. WessingerCourt of Appeals of Georgia · 1924
  4. Allen v. AllenSupreme Court of Georgia · 1944
  5. United States Fire Insurance v. TuckCourt of Appeals of Georgia · 1967

7 more not listed; retrieve them via the Exa API.

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