American National Bank v. Fidelity & Deposit Co.
Supreme Court of Georgia
Equitable petition. Before Judge Hodges. Bibb superior court. January 13, 1908. These cases, with only a few exceptions, the material ones being hereinafter designated, are practically identical in their facts, and will be considered together.
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Equitable petition. Before Judge Hodges. Bibb superior court. January 13, 1908. These cases, with only a few exceptions, the material ones being hereinafter designated, are practically identical in their facts, and will be considered together. In certain litigation against the Macon Hardware Company, one Tindall was appointed receiver of that company, and several banks, including the defendants, were named by the court as depositories in which Tindall should deposit the funds coming into his hands as receiver, the deposits being accepted by the banks subject to an order of the court that…
1Opinion of the CourtHolden, J.
(After stating the facts.)
1. According to the former decision, of the court in these cases, reported in 129 Ga. 126 (58 S. E. 867), when the defendant banks paid to the receiver the funds deposited with them under an order of the court, in violation of an order of the court that none of the funds be paid out except bn checks countersigned by the court, unless the checks showed on their face that they were drawn for expenses, a right of action arose against the banks in favor of the creditors 3 and when the surety company on the bond of the receiver, in response to a judgment rendered in a…
2Cases cited4 opinions
- Anderson v. FosterSupreme Court of Georgia · 1900
- Kirkley v. SharpSupreme Court of Georgia · 1896
- American Nat. Bank v. Fidelity & Deposit Co.Supreme Court of Georgia · 1907
- Maxwell v. WalshSupreme Court of Georgia · 1903
3Cited by31 opinions
- Shipman v. Horizon CorporationSupreme Court of Georgia · 1980
- Cochran v. MurrahSupreme Court of Georgia · 1975
- Hunter, MacLean, Exley & Dunn, P.C. v. FrameSupreme Court of Georgia · 1998
- Morris v. JohnstoneSupreme Court of Georgia · 1931
- Sutlive v. HackneyCourt of Appeals of Georgia · 1982
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