Lamb v. Howard
Supreme Court of Georgia
Complaint. Before Judge Bell. Fulton superior court. December 29, 1914. George P. Howard filed suit against E. T. Lamb, receiver of the Atlanta, Birmingham So Atlantic Railroad Company, alleging, that the plaintiff delivered to the defendant, for shipment from Atlanta to Senoia, Georgia, over the named railroad, six car-loads of freight, consisting of cotton-mill machinery, billed to himself as consignee, for which the shipper received a bill of lading, a copy of which was…
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Complaint. Before Judge Bell. Fulton superior court. December 29, 1914. George P. Howard filed suit against E. T. Lamb, receiver of the Atlanta, Birmingham So Atlantic Railroad Company, alleging, that the plaintiff delivered to the defendant, for shipment from Atlanta to Senoia, Georgia, over the named railroad, six car-loads of freight, consisting of cotton-mill machinery, billed to himself as consignee, for which the shipper received a bill of lading, a copy of which was attached to the petition; and that all the cars reached Senoiá by the 31st day of May, 1910. It is further alleged: "That…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) We are of the opinion that this was clearly an action ex delicto. As will be seen by reading the original petition, the plaintiff alleges' that the' defendant railroad company unlawfully delivered the property in controversy, not to the plaintiff or his order, but' to a certain corporation known as the Senoia Duck Mills, and that this delivery without an order from the plaintiff and without his consent was an unlawful conversion by the carrier of the property of the plaintiff; that this property, the machinery shipped; which-was unlawfully delivered to the…
2Cases cited5 opinions
- Crawford v. CrawfordSupreme Court of Georgia · 1910
- Blocker v. BoswellSupreme Court of Georgia · 1899
- Gilleland & Dillingham v. Louisville & Nashville RailroadSupreme Court of Georgia · 1904
- Sharpe v. Columbus Iron Works Co.Supreme Court of Georgia · 1911
- Cox v. Richmond & Danville RailroadSupreme Court of Georgia · 1891
3Cited by12 opinions
- Fed. Deposit Ins. Corp. v. LoudermilkSupreme Court of Georgia · 2019
- Lamb v. HowardSupreme Court of Georgia · 1920
- Southern Railway Co. v. Malone Freight Lines, Inc.Court of Appeals of Georgia · 1985
- FEDERAL DEPOSIT INSURANCE CORPORATION v. LOUDERMILKSupreme Court of Georgia · 2019
- Houze v. BlackwellCourt of Appeals of Georgia · 1917
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