Spain v. Beach & Son
Supreme Court of Georgia
Garnishment. Claim. Debtor 'and creditor. Before Judge Gibson. Chatham Superior Court. February Term, 1874. F. J. Spain, as administrator upon the estate of J. W. Spain, deceased, held a judgment against one Adam Dutenhofer. Garnishment process was issued thereon, and was served on Wallace Cumming- Upon the call of the claim case, plaintiff moved for a judgment on the claim bond, there being no traverse of the answer of the garnishee.
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Garnishment. Claim. Debtor 'and creditor. Before Judge Gibson. Chatham Superior Court. February Term, 1874. F. J. Spain, as administrator upon the estate of J. W. Spain, deceased, held a judgment against one Adam Dutenhofer. Garnishment process was issued thereon, and was served on Wallace Cumming- Upon the call of the claim case, plaintiff moved for a judgment on the claim bond, there being no traverse of the answer of the garnishee. This motion was overruled, and plaintiff -excepted. Over the objection of plaintiff, claimants introduced testimony showing the following facts: On the clay of…
1Opinion of the Court
McCay, Judge.
1. It is unquestionably true that under the authorities a deposit of money on general deposit in a bank is a loan to the bank by the depositor, and is not distinguishable by any clear mark from an ordinary loan of money by one man to another, payable on demand. But in this case the depositor was not the owner of the money. He had got it only a few hours before as the agent of the claimant; he held it as such agent, and it is clear from the testimony that he did not intend to appropriate it to his own use, but simply left it on deposit, temporarily, for convenience and safety. In…
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- Citizens Bank v. MobleySupreme Court of Georgia · 1928
- Oconee County Bank v. MarshallSupreme Court of Georgia · 1925
- Watertown Steam Engine Co. v. Palmer Bros.Supreme Court of Georgia · 1890
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