Beck & Gregg Hardware Co. v. Knight
Supreme Court of Georgia
Action on bond. Before Judge Hodges. City court of Macon. June 29, 1904. On May 18, 1903, the Beck & Gregg Hardware Company presented a petition to Judge Mitchell, judge of the superior court of Berrien county, reciting that the W. A. Parish Hardware Company was indebted to it $995 on open account; that on May 11,1904, the Parish Company, - for the purpose of avoiding the payment of this debt, had sold its stock of general merchandise, and had also concealed $600 in cash for…
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Action on bond. Before Judge Hodges. City court of Macon. June 29, 1904. On May 18, 1903, the Beck & Gregg Hardware Company presented a petition to Judge Mitchell, judge of the superior court of Berrien county, reciting that the W. A. Parish Hardware Company was indebted to it $995 on open account; that on May 11,1904, the Parish Company, - for the purpose of avoiding the payment of this debt, had sold its stock of general merchandise, and had also concealed $600 in cash for the like purpose of avoiding the payment of its debts. This petition was verified, and thereupon an attachment under…
1Opinion of the CourtLamar, J.
This was an action on a sheriff’s bond. The breach alleged is his failure to levy and return an attachment. No special damages are set forth; and the question raised is whether there is a presumption that the plaintiff has been injured to an amount equal to the debt named in the writ of attachment, or, if not, whether it may maintain a suit for the recovery of nominal damages. At the outset it must be conceded that the authorities in England, the United States, and' Georgia are in much conflict. See 2 Sutherland on Damages (3d ed.), -§§489-492; Crawford v. Word, 7 Ga. 445; Hunter v. Phillips,…
2Cases cited20 opinions
- Watters & Son v. Retail Clerks Union No. 479Supreme Court of Georgia · 1904
- Commonwealth ex rel. Brown v. FryWest Virginia Supreme Court · 1871
- Western Union Telegraph Co. v. BaileySupreme Court of Georgia · 1902
- Crawford ex rel. Stanford v. WordSupreme Court of Georgia · 1849
- Wheeler v. ThomasSupreme Court of Georgia · 1876
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3Cited by5 opinions
- Sparks Milling Co. v. Western Union Telegraph Co.Court of Appeals of Georgia · 1911
- Lee v. DolanNorth Dakota Supreme Court · 1916
- Houston v. HowellCourt of Appeals of Georgia · 1927
- Wittern v. American Surety Co.Court of Appeals of Georgia · 1932
- Sutton v. GrinerCourt of Appeals of Georgia · 1918