Fairmont Creamery Co. v. Collier
Court of Appeals of Georgia
Complaint from city court of Atlanta — Judge Eeid. December 13, 1916. Fairmont Creamery Company sued Spratling as principal, and Collier- as surety, on a bond given for the faithful performance of Spratling’s duties as plaintiff’s agent.
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Complaint from city court of Atlanta — Judge Eeid. December 13, 1916. Fairmont Creamery Company sued Spratling as principal, and Collier- as surety, on a bond given for the faithful performance of Spratling’s duties as plaintiff’s agent. The contract of agency was embodied ip the plaintiff’s letter to Spratling, under date of March 30, 1913, stating in part as follows: (a) “We will ship the butter to you at Atlanta, prepaying the freight on same, the 15^£¡ oz. print of Better Butter solids to net us 3c over Elgin; the Better Butter quarters to net us 3%c over Elgin; . . we to wire you the…
1Opinion of the CourtJeNkins, J.
(After stating the foregoing-facts.)
1. 'While many courts and legislative bodies refer to a debt, from the liability of which the debtor has been discharged in bankruptcy, as having been extinguished, such expressions are not entirely exact and literally correct, since the discharge, strictly speaking, only operates as a bar to an action on the debt, and thus goes merely to the remedy. Black on Bankruptcy, § 710. If the existence of the debt and the moral obligation to pay it did not remain, there would be no consideration upon which a subsequent promise to pay could be founded, as is…
2Cases cited11 opinions
- Bearden Mercantile Co. v. Madison Oil Co.Supreme Court of Georgia · 1907
- Bethune v. DozierSupreme Court of Georgia · 1851
- In re Home Discount Co.District Court, N.D. Alabama · 1906
- Moore v. TrounstineSupreme Court of Georgia · 1906
- In re SimsDistrict Court, S.D. New York · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Peppers v. SieffermanCourt of Appeals of Georgia · 1980
- Waters v. LanierCourt of Appeals of Georgia · 1967
- Brock Construction Co. v. Houston General InsuranceCourt of Appeals of Georgia · 1978
- Pittsburgh Plate Glass Co. v. JarrettDistrict Court, M.D. Georgia · 1942
- Gary v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1931
6 more not listed; retrieve them via the Exa API.