Dickey & Co. v. Leonard
Supreme Court of Georgia
Actions. Pleadings. Banks. Principal and Agent. Before Judge Van Epps. City Court of Atlanta. March Term, 1886. J. L. Dickey & Company brought suit against Henry 0. Leonard for $358.85. The body of the declaration was as follows: “ On the 5th day of April, 1881, the said defendant was assistant cashier of the Citizens’ Bank of Georgia, the same being an incorporated bank under the laws of Georgia, doing business and located at Atlanta, doing a general banking business in…
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Actions. Pleadings. Banks. Principal and Agent. Before Judge Van Epps. City Court of Atlanta. March Term, 1886. J. L. Dickey & Company brought suit against Henry 0. Leonard for $358.85. The body of the declaration was as follows: “ On the 5th day of April, 1881, the said defendant was assistant cashier of the Citizens’ Bank of Georgia, the same being an incorporated bank under the laws of Georgia, doing business and located at Atlanta, doing a general banking business in said city of Atlanta, and among other things selling exchange on the city of New York. And whereas also your petitioners…
1Opinion of the Court
Blandford, Justice.
The declaration of plaintiffs in error was demurred to as containing no cause of action. The court sustained the demurrer and dismissed the action, and this is excepted to and is the only ground of error.
The action is not an action of debt; it is not brought in the debefc or the debtinet. A debt is a sum of money due on a certain and express agreement. Black. Com., 154. There is no certain or express agreement set forth in the declaration. The action is not that of assumpsit. There is no super se assumpsit set forth or alleged. It is true the declaration alleges that the…
2Cited by6 opinions
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- All American Life & Casualty Co. v. SaundersCourt of Appeals of Georgia · 1971
- All American Life & Casualty Co. v. SaundersCourt of Appeals of Georgia · 1971
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