Moise v. Chapman
Supreme Court of Georgia
Complaint, from Muscogee. Tried before Judge Worried, November Term, 1857. The Manufacturers and Mechanics Bank of Columbus having failed, Edwin W. Moise was appointed receiver, and among the papers and assets of the bank, found the following draft: “ $1,000. Columbus, April 1st, 1856. Forty-five days after date pay to my own order, one thousand dollars, at the office of Messrs! Lockett & Snelling, in Savannah, for value received. [Signed] A. W. CHAPMAN.
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Complaint, from Muscogee. Tried before Judge Worried, November Term, 1857. The Manufacturers and Mechanics Bank of Columbus having failed, Edwin W. Moise was appointed receiver, and among the papers and assets of the bank, found the following draft: “ $1,000. Columbus, April 1st, 1856. Forty-five days after date pay to my own order, one thousand dollars, at the office of Messrs! Lockett & Snelling, in Savannah, for value received. [Signed] A. W. CHAPMAN. To Mr. B. T. Chapman, Sav., Ga.” [Written across the-face,] “Accepted, B. T. Chapman.” Moise sued Chapman on his acceptance ; Chapman…
1Opinion of the CourtBenning, J.
By the Court. delivering the opinion.
The Court below told the jury, that the defendant was “ entitled, by the Act of 1832, to pay his draft in the bills of the bank.” Was the Court right in telling them this ?
*251Counsel for the plaintiff in error, say no.
They say, first, that even if the defendant would be entitled to pay the draft, in the bills of the bank, to the bank itself, he is not entitled to do this, to the receiver.
[1.] But Lord Hardwick, in Skip vs. Howard, says, that the appointment of a receiver, “does not all affect the right.” St or. Eq. Jur., § 831.
And so great an authority as…
2Cited by10 opinions
- Harn v. SmithSupreme Court of Oklahoma · 1921
- Nix v. EllisSupreme Court of Georgia · 1903
- State v. BrobstonSupreme Court of Georgia · 1894
- Fouche v. BrowerSupreme Court of Georgia · 1885
- Peabody v. New England Water-Works Co.Illinois Supreme Court · 1900
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