Price v. Virginia-Carolina Chemical Co.
Supreme Court of Georgia
Complaint. Before Judge Rawlings. Johnson superior court. March 23, 1910. The Yirginia-Carolina Chemical Company filed its petition against W. D. Price & Company and the Citizens Bank of Kite, Georgia, alleging as follows: that on May 1, 1908, W. D. Price & Company executed and delivered to petitioner their note for $648.11, due November 1, 1908, and payable at the Citizens Bank of Kite; petitioner discounted the note before maturity, and, in due course of trade, it became…
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Complaint. Before Judge Rawlings. Johnson superior court. March 23, 1910. The Yirginia-Carolina Chemical Company filed its petition against W. D. Price & Company and the Citizens Bank of Kite, Georgia, alleging as follows: that on May 1, 1908, W. D. Price & Company executed and delivered to petitioner their note for $648.11, due November 1, 1908, and payable at the Citizens Bank of Kite; petitioner discounted the note before maturity, and, in due course of trade, it became the property of the Corn Exchange National Bank of Chicago; that the Corn Exchange Bank, shortly before the maturity of…
1Opinion of the CourtEvans, P. J.
(After stating the facts.) Under the allegations of the petition, the plaintiff is not entitled to have the defendants engage in an internecine legal battle to settle which one of them should pay the money which it claims to be due from one or the other. The code declares that “whenever a person is ppssessed of property or funds, or owes a debt or duty, to which more than one person lays claim, and-the claims are of such a character as to render it doubtful or dangerous for the holder to act, he may apply to equity to compel the claimants to interplead.” Civil Code (1910), § 5471. Instead of…
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