Tyus v. Rust
Supreme Court of Georgia
Equity. Demurrer. Decided by Judge Vason, Dougherty Superior Court, December, 1867. In December, 1862, and January, 1863, Sims & Rust, as warehousemen, received from John G. Tyus fifty-three bales of cotton, and advanced to him upon it $1,354 18. Tyus verbally instructed them to sell the cotton when they could realize eighteen cents per pound in the then Confederate currency.
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Equity. Demurrer. Decided by Judge Vason, Dougherty Superior Court, December, 1867. In December, 1862, and January, 1863, Sims & Rust, as warehousemen, received from John G. Tyus fifty-three bales of cotton, and advanced to him upon it $1,354 18. Tyus verbally instructed them to sell the cotton when they could realize eighteen cents per pound in the then Confederate currency. On the 21st of March, 1863, they sold the cotton to Jeremiah Beall, for $........., and placed the same, after deducting charges, to the credit. of Tyus, and by mail, on the 30th of March, 1863, notified him of the same.…
1Opinion of the CourtWarner, C. J.
This is a bill of interpleader filed by Rust,' as the surviving copartner of Sims & Rust, who were warehousemen, against Tyus, who is his baileé of fifty-three bales of cotton, and Jeremiah Beall, tc whom the complainant, as a warehouseman, sold the cotton as the agent or factor of Tyüs, and the question to be decided is, whether the complainant has made such a case, as exhibited by the record, as will entitle him to maintain his bill of interpleader. A bill of inter-pleader may be filed where two or more, persons claim the same debt or duty, or other thing from the complainant, by different…
2Cited by6 opinions
- Smith v. FolsomSupreme Court of Georgia · 1940
- Wheeler v. ArmstrongSupreme Court of Alabama · 1909
- Whitney v. DayOregon Supreme Court · 1917
- Wight v. FerrellSupreme Court of Georgia · 1939
- Graham v. National BankSuperior Court of Delaware · 1922
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