Carey v. Smith
Supreme Court of Georgia
In Equity, in Muscogee Superior Court. Decision on demurrer, by Judge Iverson. Edward Carey, as assignee of the Bank of Columbus, brought an action at law against Hampton S. Smith, as a stockholder of the Planters’ and Mechanics’ Bank of Columbus, to recover from him the amount of his ultimate liability for the redemption of the bills of the Planters’ and Mechanics’ Bank, held by the Bank of Columbus.
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In Equity, in Muscogee Superior Court. Decision on demurrer, by Judge Iverson. Edward Carey, as assignee of the Bank of Columbus, brought an action at law against Hampton S. Smith, as a stockholder of the Planters’ and Mechanics’ Bank of Columbus, to recover from him the amount of his ultimate liability for the redemption of the bills of the Planters’ and Mechanics’ Bank, held by the Bank of Columbus. The declaration averred that most of the bills were issued in March and October, 1838. Smith filed his bill in Equity enjoining the above suit, and averring substantially, that long before the…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
*545This bill is filed by the complainant, for the purpose of enjoining a suit instituted against him by Edward Carey, assignee of the Bank of Columbus, on the Common Law side of the Court, as one of the stockholders of the Planters’ and Mechanics’ Bank of Columbus, for the ultimate redemption of the bills issued by that bank, according to the provisions of the 11th section of the charter thereof.
The complainant alleges in his bill, that there are various equitable circumstances which ought to exonerate him from the payment of the bills sued on, as a…
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