Merchants' Bank v. Central Bank
Supreme Court of Georgia
This was an action, brought by the defendant in error against the plaintiff in error, in the Superior Court of the county of Bibb, upon a hill of exchange drawn hy Jerry Cowles upon the Fulton Bank of New York, addressed to the cashier thereof, bearing date the 10th of January, 1842, whereby the said Cowles requested the Fulton Bank of New York to pay Scott Cray, agent, or order, ninety days after the date thereof, five thousand dollars for value received, and charge as…
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This was an action, brought by the defendant in error against the plaintiff in error, in the Superior Court of the county of Bibb, upon a hill of exchange drawn hy Jerry Cowles upon the Fulton Bank of New York, addressed to the cashier thereof, bearing date the 10th of January, 1842, whereby the said Cowles requested the Fulton Bank of New York to pay Scott Cray, agent, or order, ninety days after the date thereof, five thousand dollars for value received, and charge as advised. Acceptance was waived, and the hill was endorsed hy Scott Cray, agent. The declaration also contained the common…
1Opinion of the Court
By the Court
Nisbet, Judge.
There are two counts in the plaintiff’s writ: one founded on the bill of exchange, the other for money had and received. The testimony proves that the bill was discounted by the Central Bank, at the instance of Scott Cray, for the Bank of Hawkinsville ; that the money was paid to him, and deposited in the agency of the Hawkinsville Bank at Macon, to the credit of Jerry Cowles, the drawer ; and that two-thirds of it was applied in extinguishment of a debt due by him to the Hawkinsville Bank; the balance, Mr. Cowles was permitted to cheek out. Under this state of…
2Cases cited6 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
- Hodgson v. DexterSupreme Court of the United States · 1803
- Wild v. Bank of PassamaquoddyU.S. Circuit Court for the District of Maine · 1825
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Burkhalter v. Perry & BrownSupreme Court of Georgia · 1907
- Van Dyke v. Van DykeSupreme Court of Georgia · 1905
- Alexis Inc. v. WerbellSupreme Court of Georgia · 1953
- Second National Bank v. Midland Steel Co.Indiana Supreme Court · 1900
- Dorsey v. RankinCourt of Appeals of Georgia · 1931
22 more not listed; retrieve them via the Exa API.