Dalton City Co. v. Johnson
Supreme Court of Georgia
Negotiable instruments. Title. Pleadings. Estoppel. Before Judge McCutchen. Whitfield Superior Court. November Term, 1875. The Dalton City Company filed its bill against J. A. W. Johnson, making, in brief, this case : On or about August 18th, 1859, complainant, by a deed of trust entered into between it of the first part, certain trustees of the second part, and the Dalton and Gadsden Railroad Company of the third part, conveyed to said trustees certain lands in the city of…
Read the full summary
Negotiable instruments. Title. Pleadings. Estoppel. Before Judge McCutchen. Whitfield Superior Court. November Term, 1875. The Dalton City Company filed its bill against J. A. W. Johnson, making, in brief, this case : On or about August 18th, 1859, complainant, by a deed of trust entered into between it of the first part, certain trustees of the second part, and the Dalton and Gadsden Railroad Company of the third part, conveyed to said trustees certain lands in the city of Dalton, to create a fund to aid in the construction of the railroad from Dalton to Jacksonville, Alabama. On or about…
1Opinion of the Court
Bleckley, Judge.
1, 2. Though the case be in equity, the complainant, as a general rule, must have title, or the person in whom the title is vested must be a party : 2 Leading Cases in Equity, Part 2, page 242; 2 Kelly, 424; 3 Ibid., 161; 1 Ibid., 236; 10 Georgia Reports, 329. Under the Code, all ehoses in action arising upon contract are assignable: Code, section 2244. Are the notes set forth in this bill available to the Dalton City Company, in an action brought in its own name, against the debtor ? The answer to this question depends, first, upon whether the notes are payable to that…
2Cited by8 opinions
- Haug v. RileySupreme Court of Georgia · 1897
- Woodley v. CokerSupreme Court of Georgia · 1903
- Allen v. Commercial Credit Co.Supreme Court of Georgia · 1923
- Burch v. DanielSupreme Court of Georgia · 1897
- Ross v. Glover-Ball Co.Supreme Court of Georgia · 1923
3 more not listed; retrieve them via the Exa API.