Meador & Brother v. Sharpe
Supreme Court of Georgia
Bankrupt. Factors. Before P. L. Mynatt, Esq.,'Judge pro hao vice.. Fulton Superior Court. October Term, 1874.. This was assumpsit for proceeds of certain liquors left by Meador & Brother with Sharpe for sale on commission-. They proved the receipt of the liquors “ on salethe sale of them by Sharpe, and their value, and his failure to pay on demand. The defense was that Sharpe had been discharged in bankruptcy.
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Bankrupt. Factors. Before P. L. Mynatt, Esq.,'Judge pro hao vice.. Fulton Superior Court. October Term, 1874.. This was assumpsit for proceeds of certain liquors left by Meador & Brother with Sharpe for sale on commission-. They proved the receipt of the liquors “ on salethe sale of them by Sharpe, and their value, and his failure to pay on demand. The defense was that Sharpe had been discharged in bankruptcy. It was shown that in 1866 Sharpe was a wholesale dealer in liquors, haviug a bonded warehouse in Atlanta, Georgia, and sold plaintiffs’ goods under an agreement that he should have the…
1Opinion of the Court
Trippe, Judge.
This case comes within and is controlled by the decision in Jones & O’Dowd vs. Russell, 44 Georgia, 460. It is true that the party in that case was an auctioneer in the city of Augusta, and had given bond and security as such. But the judgment was not put on the ground that he was an officer, and that the claim was one against him for defalcation as an officer. Goods had been committed to him to sell and pay the proceeds to the owner, and it was held that his certificate of discharge in bankruptcy did not discharge him from his liability for the default of non-payment of the…
2Cases cited4 opinions
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- Cronan v. CottingMassachusetts Supreme Judicial Court · 1870
- Austill v. CrawfordSupreme Court of Alabama · 1845
- In re KimballU.S. Circuit Court for the District of Southern New York · 1869
3Cited by3 opinions
- Herman v. LynchSupreme Court of Kansas · 1881
- Gilreath & Son v. Holston Salt & Plaster Co.Supreme Court of Georgia · 1881
- Zeperink v. CardDistrict Court, E.D. Missouri · 1882