Mahone v. Central Bank
Supreme Court of Georgia
In Equity, in Talbot Superior Court. Decisions by Judge Crawford, at September Term, 1854. The Central Bank of Georgia brought suit against Jones M. Mahone, as administrator of Peter E. Mahone, as indorser on the following draft: Milledgeville, April 5,1836. *2500^ Eour months after date, pay to the order of Whitnel Eason, at either of the banks in Augusta, Twenty-five Hundred Dollars, for value received, and charge the same to account of WILLIAM S. HARP.
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In Equity, in Talbot Superior Court. Decisions by Judge Crawford, at September Term, 1854. The Central Bank of Georgia brought suit against Jones M. Mahone, as administrator of Peter E. Mahone, as indorser on the following draft: Milledgeville, April 5,1836. *2500^ Eour months after date, pay to the order of Whitnel Eason, at either of the banks in Augusta, Twenty-five Hundred Dollars, for value received, and charge the same to account of WILLIAM S. HARP. To Samuel Rowe, Augusta. Accepted. SAMUEL ROWE. Indorsed— SAMUEL ROWE. (Erased.) Pay to Peter E. Mahone. WHITNEL EASON. Pay Wilkins Hunt.…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] This bill asks the interposition of a Court of Equity, for :purposes of discovery; and it is insisted before us, that such discovery, by answer in Chancery, is not needed and should not be granted, because, by the Act of 1847, the defendant might have taken the answers, of the bank or its officer, in the Common Law case, by interrogatories.
The Act of 1847 mentioned, makes express provision that nothing in that Act contained “ shall preclude any party'from exhibiting his bill in Chancery, for discovery, touching the same matters.” So that the…
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