Holt v. Bank of Augusta
Supreme Court of Georgia
Motion to dissolve, injunction, in Richmond Superior Court. Decision by Judge Starnes, January Term, 1851. In 1849, Asa Holt filed his bill in Equity against Joseph Davis, as the administrator of Thomas Davis, deceased, and the Bank of the State of Georgia, alleging that in October, 1848, he gave to Thomas Davis, then in life, a letter of eredit, authorizing him to draw on said Holtj for the sum of five thousand dollars, upon the promise of said Davis to invest the proceeds…
Read the full summary
Motion to dissolve, injunction, in Richmond Superior Court. Decision by Judge Starnes, January Term, 1851. In 1849, Asa Holt filed his bill in Equity against Joseph Davis, as the administrator of Thomas Davis, deceased, and the Bank of the State of Georgia, alleging that in October, 1848, he gave to Thomas Davis, then in life, a letter of eredit, authorizing him to draw on said Holtj for the sum of five thousand dollars, upon the promise of said Davis to invest the proceeds of the same in cotton, and ship the cotton to said Holt, (who is a commission merchant in Savannah,) who was to have the…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The equity of the complainants’ bill rests upon two grounds: First, the collusion between Holt and the administrator of Thomas Davis ; second, that the creditors of Thomas Davis, deceased, cannot be parties to the bill filed by Holt against Joseph Davis, the administrator, to have the money remaining to his credit in bank, paid over to his demand, as the accommodation acceptor of Thomas Davis, which, in view of the peculiar character of Joseph Davis’ answer, it is important for the protection of their rights as creditors,, that they should be…
2Cited by2 opinions
- Bibb v. ShackelfordSupreme Court of Alabama · 1863
- Dent v. SummerlinSupreme Court of Georgia · 1852