Draper v. Georgia, Florida & Alabama Railway Co.
Court of Appeals of Georgia
Action on bond; from city court of Bainbridge — Judge Spooner. February 26, 1917. The Georgia, Florida and Alabama Eailway Company brought suit against H. C. Draper upon a bond.
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Action on bond; from city court of Bainbridge — Judge Spooner. February 26, 1917. The Georgia, Florida and Alabama Eailway Company brought suit against H. C. Draper upon a bond. The petition alleged that so much of the bond was breached as is contained in the following excerpt therefrom: “As to all ‘order notify’ shipments it is further understood and agreed that the Georgia, Florida & Alabama Eailway Company will properly place after arrival at Bainbridge on consignee’s track near its warehouse all shipments consigned to ‘order notify’ Draper-Garrett Grocery Company. And the said…
1Opinion of the CourtWade, C. J.
(After stating the foregoing facts.) Only two grounds of the demurrer are insisted upon in the briefs of counsel for the plaintiff in error, to wit: that the instrument sued on is void and unenforceable, because it created a preference in favor of Draper-Garrett Grocery Company, in violation of the act of Congress commonly known as the “Elkins act;” and also because “said declaration showed upon its face that if there was a delivery of the property, of which suit is brought, to Draper-Garrett Grocery Company, under said obligation sued upon, that there was an absolute rescission of said…
2Cases cited13 opinions
- Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinSupreme Court of the United States · 1916
- Western Union Telegraph Co. v. Call Publishing Co.Supreme Court of the United States · 1901
- Hough v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Oklahoma Vinegar Co. v. Carter & FordSupreme Court of Georgia · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Atlanta Coca-Cola Bottling Co. v. ShippSupreme Court of Georgia · 1930
- Wayne Oil Tank & Pump Co. v. Claxton Oil Co.Court of Appeals of Georgia · 1924
- Pharr Cotton Co. v. DavisCourt of Appeals of Georgia · 1923
- Davis v. Pharr Cotton Co.Court of Appeals of Georgia · 1924