Haas v. Old National Bank
Supreme Court of Georgia
■ Before Judge MacDonell. City coui’t of Savannah. July term, 1892. Haas having obtainedjudgment on attachment against the Melrose Milling Company and caused process of garnishment to be served, the Old National Bank of Evansville, Indiana, interposed its claim to the funds in the hands of the garnishees. The jury found in favor of the claimant, and the plaintiff excepted to the refusal of a new trial.
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■ Before Judge MacDonell. City coui’t of Savannah. July term, 1892. Haas having obtainedjudgment on attachment against the Melrose Milling Company and caused process of garnishment to be served, the Old National Bank of Evansville, Indiana, interposed its claim to the funds in the hands of the garnishees. The jury found in favor of the claimant, and the plaintiff excepted to the refusal of a new trial. The following appears from the evidence: The milling company sold flour to each of the garnishees, the sum of the two bills being $1,275, and the terms of sale being, the giving of an…
1Opinion of the Court
Bleckley, Chief Justice.
1. According to reason and justice, as well as the spirit of the best authorities on the subject, what transpired in Indiana between the Indiana bank and its customer would amount to an equitable assignment from the latter to the former, if these parties mutually intended that the bank should thereby become substantial and beneficial owner of the particular fund which represented the price of the goods for which the bill of exchange was drawn. There was much more to indicate such an intention than the mere drawing, delivery and discounting of the bill: Had this been…
2Cited by16 opinions
- Fidelity & Deposit Co. v. Exchange BankSupreme Court of Georgia · 1897
- Jones v. GloverSupreme Court of Georgia · 1893
- Walton v. HorkanSupreme Court of Georgia · 1901
- Georgia Seed Co. v. Talmadge & Co.Supreme Court of Georgia · 1895
- McIntire v. RaskinSupreme Court of Georgia · 1931
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