Fourth National Bank v. Mayer
Supreme Court of Georgia
Action for damages. Before Judge Griggs. Dougherty superior court. April term, 1894. Laidley & Co., of Cincinnati, O., sold a load of meat to Ragan, of Albany, Ga., and drew upon him for the price of the same, attaching to the draft the bill of lading, and depositing the same to their credit in the Fourth National Bank of Cincinnati. This bank forwarded the same to the First National Bank of Albany for collection. It was paid by Mayer who had bought the ■meat from Ragan.
Read the full summary
Action for damages. Before Judge Griggs. Dougherty superior court. April term, 1894. Laidley & Co., of Cincinnati, O., sold a load of meat to Ragan, of Albany, Ga., and drew upon him for the price of the same, attaching to the draft the bill of lading, and depositing the same to their credit in the Fourth National Bank of Cincinnati. This bank forwarded the same to the First National Bank of Albany for collection. It was paid by Mayer who had bought the ■meat from Ragan. Having thus obtained the bill of lading, Mayer received the meat from the carrier, and upon examining it, found that it was…
1Opinion of the Court
Atkinson, Justice.
According to the rules of the common law, and according to the adjudications of this court as well (see Sledge v. McLaren, 29 Ga. 64, and Wilcox v. McKenzie, 75 Ga. 73, and cases cited in the opinion of the court pronounced in the latter case), an action on the case for the recovery of general damages resulting from the suing out and levy of an attachment proceeding by garnishment or otherwise, cannot be maintained unless it be alleged in the declaration and proven on the trial that the proceeding was instituted both with malice and without probable cause. These are the…
2Cases cited3 opinions
- Wilcox v. McKenzieSupreme Court of Georgia · 1886
- Sledge v. McLarenSupreme Court of Georgia · 1859
- Sledge v. LeeSupreme Court of Georgia · 1856
3Cited by17 opinions
- Williams v. InmanCourt of Appeals of Georgia · 1907
- Plymouth Gold Mining Co. v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1907
- Emerson & Co. v. ConverseSupreme Court of Iowa · 1898
- Massachusetts Bonding & Insurance v. United States Conservation Co.Court of Appeals of Georgia · 1924
- Mumford v. SolomonCourt of Appeals of Georgia · 1910
12 more not listed; retrieve them via the Exa API.