First National Bank v. Mead
Supreme Court of Georgia
Complaint. Before Judge Hammond. Burke superior court. March 20, 1915. The plaintiff as transferee brought suit upon an open account against Gordon Mead and certain other named children of Thomas Mead, as joint defendants, alleging an indebtedness for fertilizers sold by the Farmers Mercantile Company to Thomas Mead.
Read the full summary
Complaint. Before Judge Hammond. Burke superior court. March 20, 1915. The plaintiff as transferee brought suit upon an open account against Gordon Mead and certain other named children of Thomas Mead, as joint defendants, alleging an indebtedness for fertilizers sold by the Farmers Mercantile Company to Thomas Mead. It was also alleged: The defendants were in possession of three tracts of land, one known as the Smith place, another as the Glisson place, and the third as the Moody place. The title to the land known as the Smith place is in the defendants as the children of Thomas Mead, under…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) The court properly sustained the demurrer. The facts alleged did not make Thomas Mead the trustee of the defendants or of their property. Certainly he was not vested with any express trust, and no implied trust arises from the facts stated. The fertilizers sold to Thomas Mead were sold to him as an individual; the plaintiff did not know his relation to the title to the lands. The petition concludes *610with a prayer for a judgment against the defendants and also a “judgment in rem against the lands described in the petition.” The plaintiff is not entitled to…
2Cases cited3 opinions
- Howard v. CasselsSupreme Court of Georgia · 1898
- Fidelity & Deposit Co. of Maryland v. Rich & Bros.Supreme Court of Georgia · 1905
- Burke & Williams v. MackenzieSupreme Court of Georgia · 1905
3Cited by2 opinions
- Sturgis v. DavisSupreme Court of Georgia · 1924
- Tennessee Chemical Co. v. JonesSupreme Court of Georgia · 1930