Martin v. Copeland
Supreme Court of Georgia
Debtor and Creditor. Garnishment. Contracts. Practice in Supreme Court. Before Judge Brown. Milton Superior Court. February Term, 1886. Copeland obtained a judgment against Curtis m a justice’s court and garnished Martin, who answered not indebted, and the plaintiff traversed the answer.
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Debtor and Creditor. Garnishment. Contracts. Practice in Supreme Court. Before Judge Brown. Milton Superior Court. February Term, 1886. Copeland obtained a judgment against Curtis m a justice’s court and garnished Martin, who answered not indebted, and the plaintiff traversed the answer. The case was appealed to a jury in the justice’s court, and on the trial, the evidence for the plaintiff was, in brief, as follows: .In 1884, Curtis and Smith rented land together from Martin. They went into the contract together, but the interest of each severally was to be bound to Martin until he was paid…
1Opinion of the Court
Bleckley, Chief Justice.
A tenant and his landlord settled. The tenant owed a debt to Copeland of a certain amount, and the landlord took the growing crop and agreed to pay this debt, but did not. Copeland sued the tenant and got a judgment, and then garnished the landlord as a debtor of the tenant. Two courts below have held that the landlord was the tenant’s debtor — that agreeing to pay the amount to the tenant’s creditor, and receiving the consideration for such agreement, made him the tenant’s debtor. After the tenant’s creditor (who was no party to the arrangement entered into by the…
2Cases cited1 opinion
- Watkins v. PopeSupreme Court of Georgia · 1868
3Cited by6 opinions
- Coldwell Co. v. CowartSupreme Court of Georgia · 1912
- Massell Realty Co. v. HanburySupreme Court of Georgia · 1927
- Bluthenthal & Bickart v. SilvermanSupreme Court of Georgia · 1901
- Wilson v. SauveSupreme Court of Colorado · 1927
- Bostwick Supply Co. v. Hodgson Cotton Co.Court of Appeals of Georgia · 1922
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