Legal Opinion · Concurrence

Tuttle v. Walton

Supreme Court of Georgia

Decided May 15, 1846No. 10Published

This was an action on the case, tried in ¡he Superior Court of the county of Richmond, before Judge Gamble, at March Term, 1846 ; the facts of which are as follows : On the 4th of October, 1840, William Glendenn.ing became the proprietor of twenty-five shares of bank stock of the Augusta Insurance and Banking Company.

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This was an action on the case, tried in ¡he Superior Court of the county of Richmond, before Judge Gamble, at March Term, 1846 ; the facts of which are as follows : On the 4th of October, 1840, William Glendenn.ing became the proprietor of twenty-five shares of bank stock of the Augusta Insurance and Banking Company. In the script (the evidence of his ownership) is the following clause : “ 'Which stock is subject to the payment of all debts due, or to become due, from said stockholder to the said Company, either as principal, security, or otherwise, and is transferable only on the books of…

1Concurrence

Lumpkin, Judge,

concurring in the affirmance of the judgment below, gave the following opinion :

My opinion in this case is predicated exclusively upon the ground of notice ; and 1 should be content to concur silently in the judgment to bo rendered, did not the law make it obligatory on each of us to express his opinion in all cases where we have the misfortune to disagree. As it is, I shall be brief, as my learned brethren on my right and left, will assign their reasons at length for the different conclusions to which they have respectively come.

It seems to be admitted on all sides that, as…

2Cases cited1 opinion

  1. Adm'r of Spence v. WhitakerSupreme Court of Alabama · 1836

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