National Bank v. Evans
Supreme Court of Georgia
The foregoing rulings are in response to questions propounded by the Court of Appeals (in Case No. 9386), as follows: “This was a suit brought to the superior court of Screven county by the receivers of the Citizens & Screven County Bank, against the National Bank of Savannah, J. E. Jaudon, and W. J. Walker. According to the petition Walker was a resident of Screven county, while the other two defendants were residents of Chatham county.
Read the full summary
The foregoing rulings are in response to questions propounded by the Court of Appeals (in Case No. 9386), as follows: “This was a suit brought to the superior court of Screven county by the receivers of the Citizens & Screven County Bank, against the National Bank of Savannah, J. E. Jaudon, and W. J. Walker. According to the petition Walker was a resident of Screven county, while the other two defendants were residents of Chatham county. The- petition charged that the three defendants had conspired to, and actually did, in pursuance of such conspiracy, withhold from the plaintiffs certain…
1Opinion of the CourtGeorge, J.
1. In an action on the ease for conspiracy, the conspiracy is not the gravamen of the charge, but’ may be both pleaded and proved as aggravating the wrong of which the plaintiff complains, and enabling him to recover in one action against all as joint tort-feasors. Woodruff v. Hughes, 2 Ga. App. 361 (58 S. E. 551); Van Horn v. Van Horn, 56 N. J. L. 318 (28 Atl. 669), s. c. 52 N. J. L. 284 (20 Atl. 485, 10 L. R. A. 184); Parker v. Huntington, 2 Gray (Mass.), 124; 8 Cyc. 673.
2. Accordingly, a petition which alleged that three named persons, at a time stated, “entered into a conspiracy for the…
2Cases cited7 opinions
- Woodruff v. HughesCourt of Appeals of Georgia · 1907
- Van Horn v. Van HornSupreme Court of New Jersey · 1890
- Slater v. KimbroSupreme Court of Georgia · 1892
- Lowe v. BurkeSupreme Court of Georgia · 1887
- Van Horn v. Van HornSupreme Court of New Jersey · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Holland v. Sanfax CorporationCourt of Appeals of Georgia · 1962
- Cook v. RobinsonSupreme Court of Georgia · 1960
- Peoples Loan Company v. AllenSupreme Court of Georgia · 1945
- Hutchins v. HowardSupreme Court of Georgia · 1955
- Peoples Loan Co. v. AllenSupreme Court of Georgia · 1945
26 more not listed; retrieve them via the Exa API.