Legal Opinion

Carey v. Giles

Supreme Court of Georgia

Decided June 15, 1851No. 2PublishedCited by 4 opinions

In Equity, in Twiggs Superior Court. Tried before Judge Hansell, April Term, 1851. In 1837, Charles H. Rice, who had been appointed receiver of the Bank of Macon, filed a bill against the Bank of Columbus, Hartwell H. Tarver and others, alleging the insolvency of the Bank of Macon, and the appointment of the receiver; that in 1832 said Bank stopped payment, being indebted at the time to the Bank of Columbus a . large sum of money; that to secure the payment of this debt,…

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In Equity, in Twiggs Superior Court. Tried before Judge Hansell, April Term, 1851. In 1837, Charles H. Rice, who had been appointed receiver of the Bank of Macon, filed a bill against the Bank of Columbus, Hartwell H. Tarver and others, alleging the insolvency of the Bank of Macon, and the appointment of the receiver; that in 1832 said Bank stopped payment, being indebted at the time to the Bank of Columbus a . large sum of money; that to secure the payment of this debt, said Bank of Macon transferred to the Bank of Columbus a large number of notes, made by solvent persons, (Hartwell H.…

1Opinion of the Court

By the Court.

Nisbet, J.

delivering the opinion.

[1.] The assignments of error in this case are numerous. I shall treat them without a very strict regard to the specifications, or *18the order in which they stand in the pleadings. And first, it is assigned for error, that the presiding Judge held it unnecessary to make the Bank of Macon a party. The Bank of Macon havxng forfeited its charter, a receiver was appointed, who filed a bill to set aside a transfer of certain effects, which that Bank had executed to the plaintiff in error, the Bank of Columbus, in settlement of a debt claimed to be due to…

2Cases cited7 opinions

  1. WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
  2. Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
  3. Stevens v. BellMassachusetts Supreme Judicial Court · 1810
  4. Webb v. PellNew York Court of Chancery · 1831
  5. Rice v. TarverSupreme Court of Georgia · 1848

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Atlantic Mill & Lumber Realty Co. v. KeeferCourt of Appeals of Maryland · 1941
  2. Enochs v. HarrelsonMississippi Supreme Court · 1879
  3. Moncrief Furnace Co. v. Northwest Atlanta BankSupreme Court of Georgia · 1942
  4. Taylor v. SolomonSupreme Court of Georgia · 1922

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