McGregor v. Battle
Supreme Court of Georgia
Equitable petition. Before Judge Rawlings. Warren superior court. September 1, 1905. McGregor, as receiver of'the Bank of Warrenton, brought suit against Battle, alleging that on February 17, 1902, and prior thereto, and especially on February 14, the bank was insolvent or in contemplation of insolvency; and while so insolvent, the bank; in collusion with the defendant, delivered to him, and he took therefrom, the sum of seven thousand dollars in cash, which amount was…
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Equitable petition. Before Judge Rawlings. Warren superior court. September 1, 1905. McGregor, as receiver of'the Bank of Warrenton, brought suit against Battle, alleging that on February 17, 1902, and prior thereto, and especially on February 14, the bank was insolvent or in contemplation of insolvency; and while so insolvent, the bank; in collusion with the defendant, delivered to him, and he took therefrom, the sum of seven thousand dollars in cash, which amount was received by him under the following circumstances: On February 11, he became a stockholder in the bank, having purchased…
1Opinion of the CourtCobb, P. J.
(After stating the facts.)
1. The liability of the defendant to the plaintiff depends upon the character of the deposit made by him when the seven thousand-*580dollars were turned over to the bank. If it was a special deposit for a particular purpose, that is, to be kept by the bank intact to be used to pay for the stock if the conditions upon which he was-to purchase were complied with, he would not be liable to the plaintiff for withdrawing the deposit at the time that he did. If the money was deposited with the bank for safekeeping only, 'there to remain intact until called for, the defendant…
2Cases cited5 opinions
- Ricks v. BroylesSupreme Court of Georgia · 1887
- Clarke v. IngramSupreme Court of Georgia · 1899
- Dutcher v. . Importers Traders' Nat. BankNew York Court of Appeals · 1874
- Schofield Manufacturing Co. v. CochranSupreme Court of Georgia · 1904
- Hill v. Western & Atlantic RailroadSupreme Court of Georgia · 1890
3Cited by37 opinions
- United States v. Citizens and Southern National Bank, United States of America v. Citizens and Southern National BankCourt of Appeals for the Fifth Circuit · 1976
- Blalock v. StateSupreme Court of Georgia · 1928
- Macon National Bank v. SmithSupreme Court of Georgia · 1930
- People Ex Rel. Nelson v. Home State Bank of Grant ParkIllinois Supreme Court · 1930
- Southern Exchange Bank v. PopeSupreme Court of Georgia · 1921
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