Simms v. Smith
Supreme Court of Georgia
■ In Equity, in Coweta Superior Court. Tried before Judge Hill, September Term, 1851. This was a bill filed for discovery, account and settlement.
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■ In Equity, in Coweta Superior Court. Tried before Judge Hill, September Term, 1851. This was a bill filed for discovery, account and settlement. The bill charges, that on 20th day of January, 1840, complainant placed in the hands of Thomas C. Brown, notes on solvent persons, amounting in the aggregate to about $6000, for which Brown executed the following receipt: “Received, January 20th, 1840, of Otis Smith, the following notes, to be disposed of in such manner as my judgment'may dictate, for which I am to return an account to said Smith when called for.” The receipt specifies the notes,…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Otis Smith filed a bill in Coweta Superior Court, against John C. Simms, as administrator of Thomas C. Brown, deceased, charging that in January, 1840, he placed in the hands of said deceased, solvent notes, amounting to some six thousand dollars, which Brown received, in especial trust and confidence, and was to collect and employ the proceeds, as his agent, and for his .use and benefit, in whatever way Brown might deem best and most conducive to complainant’s interest; that he received said fund, promising to account for the principal and…
2Cases cited1 opinion
- Kane v. BloodgoodNew York Court of Chancery · 1823
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