McDougald v. Bellamy
Supreme Court of Georgia
Debt, &o. in Muscogee Superior Court. Tried before Judge VfoRRELL, December adjourned Term, 1854. This suit was commenced by Samuel A. Bailey, as the bolder of bills of the Planter’s & Mechanic’s Bank of Columbus, against the adm’x of Daniel McDougald, one of the stockholders in said bank, to compel from him the ultimate redemption of said bills.
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Debt, &o. in Muscogee Superior Court. Tried before Judge VfoRRELL, December adjourned Term, 1854. This suit was commenced by Samuel A. Bailey, as the bolder of bills of the Planter’s & Mechanic’s Bank of Columbus, against the adm’x of Daniel McDougald, one of the stockholders in said bank, to compel from him the ultimate redemption of said bills. It appeared, on the trial, that Samuel Á. Bailey wqs one “Sir: The 4th section of the Act of the General Assembly, passed at its late session, entitled “ an Act to incorporate a Banking Company under the name and style of the Planter’s & Mechanic’s…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Was the plaintiff entitled to the charge contained his first request ? We think not; and for this obvious reason: It assumes that the bills .upon which the suit was brought, were “ voluntarily redeemed” by Bailey, the defendant’s intestate, as a stockholder, after the failure of the bank; when the evidence of Mr. Cooper, which is uncontradieted, shows that General Bailey took the-.bills from his *419clients, Miller, Eipley & Co. in the due course of business; that is, as a fee for his professional services, for prosecuting a suit at their…
2Cases cited4 opinions
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