Bank of Savannah v. Planters Bank
Supreme Court of Georgia
Motion to distribute Funds, in Chatham Superior Court. Decision by Judge Fleming, May Term, 1857. Statement of facts agreed upon by counsel.
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Motion to distribute Funds, in Chatham Superior Court. Decision by Judge Fleming, May Term, 1857. Statement of facts agreed upon by counsel. The plaintiffs brought their action in Chatham Superior Court against the defendants as co-partners — Heman A. Crane and Lewis W. Wells acknowledging service in Chatham county, and Richard Curd, the third co-partner, acknowledging service on second original sued out for Bibb County — and at the present term obtained judgment for <$10,000. Summons of garnishment was served on Scranton, Johnson & Co., and they now bring into Court, under their return,…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
The question is, which ought to have the money, the Bank of Savannah, or the Planters Bank, and the Merchants and Planters Bank ?
*469There is.no question, that it is the latter that should have the money, if their judgments are valid.
Are their judgments valid?
The judgments are for $500 each; and each of them is is founded on anote of $500. The common debtor, Crane, Wells & Co. owed each of these two Banks, a debt much exceeding $500. These two large debts, the two Banks and Crane, Wells & Co., divided into smaller debts, viz: debts of $500, and it…
2Cases cited1 opinion
- Lavender v. ThomasSupreme Court of Georgia · 1855
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