Bell v. McGrady
Supreme Court of Georgia
In Equity, in Webster Superior Court. Motion to dismiss a bill, decided by Judge Perkins, at the September Term, 1860. The record in this case discloses the following state of facts, to-wit: On the 6th day of August, 1858, James M. Bell exhibited a bill in Equity, against William J. Gardner, James R. Kendrick, and Silas M. McGrady, in which he alleges: That the said Gardner and Kendrick were partners in the livery-stable business in the town of Preston, and that all their…
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In Equity, in Webster Superior Court. Motion to dismiss a bill, decided by Judge Perkins, at the September Term, 1860. The record in this case discloses the following state of facts, to-wit: On the 6th day of August, 1858, James M. Bell exhibited a bill in Equity, against William J. Gardner, James R. Kendrick, and Silas M. McGrady, in which he alleges: That the said Gardner and Kendrick were partners in the livery-stable business in the town of Preston, and that all their visible or tangible property consisted of the horses, buggies, etc., connected with said business; that on the 14th day of…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
We think the bill in this case well brought. McGrady, by virtue of his agreement with Gardner & Kendrick, became trustee to pay their debts. The effects of Gardner & Kendrick1 were assigned to McGrady to discharge their liabilities, and it was proper for this creditor to go into equity to enforce this agreement in behalf of himself and others.
But, admitting that the remedy at law was complete, the bill ought not to have been dismissed on that account. In. May, et al., vs. Goodwin, (27 Ga. Rep., 352,) this Court held that an injunction to a bill…
2Cases cited1 opinion
- May v. GoodwinSupreme Court of Georgia · 1859
3Cited by15 opinions
- Sheppard v. BridgesSupreme Court of Georgia · 1912
- Shropshire v. RaineySupreme Court of Georgia · 1920
- Hawkins v. Central of Georgia Railway Co.Supreme Court of Georgia · 1903
- Reid v. WhisenantSupreme Court of Georgia · 1926
- Morgan v. ArgardSupreme Court of Georgia · 1918
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