Grangers' Insurance v. Turner
Supreme Court of Georgia
Attachment. Corporations. Stockholders. Pleadings. Before Judge Underwood. Floyd Superior Court. January Term, 1878. Turner commenced suit by attachment against the Grangers’ Insurance Company, alleging in his affidavit, that it was indebted to him in the sum of $250.00, besides interest, and that it was doing business as a foreign corporation, and resided out of the state of Georgia. The attachment was levied by serving process of garnishment.
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Attachment. Corporations. Stockholders. Pleadings. Before Judge Underwood. Floyd Superior Court. January Term, 1878. Turner commenced suit by attachment against the Grangers’ Insurance Company, alleging in his affidavit, that it was indebted to him in the sum of $250.00, besides interest, and that it was doing business as a foreign corporation, and resided out of the state of Georgia. The attachment was levied by serving process of garnishment. A declaration was filed at the first term, the material portion of which was as follows: “For that whereas, it is in substance and effect provided in…
1Opinion of the Court
Bleckley, Justice.
1. The declaration is, in its legal effect, for money had and received to' the plaintiff’s use. It ¡proceeds on a rescisión or repudiation of the contract of subscription, for fraud. Get that contract out of the way, and there is no obstacle to recovering the money back. That the plaintiff may pray for more relief than he is entitled to, does not vitiate his declaration. There is no substantial variance of the declaration from the affidavit in attachment; nor do we think there is any tort alleged further than fraud in a contract is a tort. The object of alleging the fraud is…
2Cited by3 opinions
- Gress v. KnightSupreme Court of Georgia · 1910
- Hamilton v. Grangers' Life & Health InsuranceSupreme Court of Georgia · 1880
- Stone & Webster Engineering Corp. v. Brunswick Pulp & Paper Co.Superior Court of Delaware · 1965