Camp & Camp v. Interstate Chemical Co.
Court of Appeals of Georgia
Complaint; from city court of Eloyd county — Judge Nunnally. December 18, 1915. In October, 1914, the Interstate Chemical Company sued Camp & Camp on an open account. At the trial there was a motion to dismiss the action because the evidence showed that the title to the account was in the First National Bank of Eome.
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Complaint; from city court of Eloyd county — Judge Nunnally. December 18, 1915. In October, 1914, the Interstate Chemical Company sued Camp & Camp on an open account. At the trial there was a motion to dismiss the action because the evidence showed that the title to the account was in the First National Bank of Eome. The plaintiff then offered an amendment alleging that the suit was for the use of that bank, — that on January 29, 1914, the plaintiff, being indebted to that bank in a stated sum, entered into a written contract with the bank (a copy of which was exhibited), by which the…
1Opinion of the CourtHodges, J.
1. The contract in evidence showing that the account sued upon was transferred to the hank as collateral, there was no reason in law why the plaintiff could not proceed as such, or sue for the use of the bank holding the contract as collateral.
2. The amendment showing in detail how the goods were sold to the dedefendants was a mere elaboration of the petition, and was properly allowed by the court. Kennedy v. Vandiver, 55 Ga. 171; Bright v. Central City Street R. Co., 88 Ga. 535 (15 S. E. 12); Tumlin v. Bass Furnace Co., 93 Ga. 594, 598 (20 S. E. 44).
3. The motion for a continuance on account…
2Cases cited3 opinions
- Tumlin v. Bass Furnace Co.Supreme Court of Georgia · 1894
- Bright v. Central City Street RailroadSupreme Court of Georgia · 1892
- Kennedy & Morrow v. VandiverSupreme Court of Georgia · 1875
3Cited by1 opinion
- Llop v. National Bank of GeorgiaCourt of Appeals of Georgia · 1980