Akers v. Jefferson County Savings Bank
Supreme Court of Georgia
Complaint. Before Judge Eeid. City court of Atlanta. November 28, 1903. Akers brought suit by attachment against Dickson & Company and the Jefferson County Savings Bank, residents of the State of Alabama.
Read the full summary
Complaint. Before Judge Eeid. City court of Atlanta. November 28, 1903. Akers brought suit by attachment against Dickson & Company and the Jefferson County Savings Bank, residents of the State of Alabama. His petition alleged, that on June 1, 1903, he bought from Dickson & Company 60,000 pounds of corn at 60 1-4 cents per bushel, “ delivered in Atlanta, Georgia; ” that the corn was shipped from Jacksonville, Illinois, June 3, 1903, to Dickson & Company, on a bill of lading which was marked “order notify” the plaintiff, and attached to which was a sight draft;. that the bill of lading and the…
1Opinion of the CourtCobb, J.
1. This case is controlled by the ruling in Fourth National Bank v. Mayer, 89 Ga. 108 (2).
2. Even if the contract in question be treated as an Alabama contract, this court will adhere to its own decisions dealing with such a contract, under what it holds to be the common-law rule governing the same, it not appearing that thdre is any statute in Alabama in reference to the matter; and this is true even though a decision of the court of last resort in that State may have construed a similar contract differently under the rules of the common law. Pattillo v. Alexander, 105 Ga. 482.
8. There was…
2Cases cited9 opinions
- National Bank of Commerce of Boston v. Merchants' Nat. Bank of MemphisSupreme Court of the United States · 1875
- Cox v. AdamsSupreme Court of Georgia · 1847
- Landa v. Lattin Bros.Court of Appeals of Texas · 1898
- Fourth National Bank v. MayerSupreme Court of Georgia · 1892
- Eufaula Grocery Co. v. Missouri National BankSupreme Court of Alabama · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Budget Rent-A-Car Corporation of America v. Samuel FeinCourt of Appeals for the Fifth Circuit · 1965
- Bailey v. DevineSupreme Court of Georgia · 1905
- First National Bank v. McMillan Bros.Court of Appeals of Georgia · 1914
- Motors Mortgage Corp. v. Purchase-Money Note Co.Court of Appeals of Georgia · 1928
- Gorman v. GriffinCourt of Appeals of Georgia · 1944
2 more not listed; retrieve them via the Exa API.