Shockley v. Davis
Supreme Court of Georgia
In Equity, in Marion Superior Court. Decision by Judge Crawford, August Term, 1854. Gr. O. Davis and others, became the sureties of Wm. D. Shockley on' two promissory notes, amounting to $1200, upon the agreement and promise of Shockley to turn over and transfer to them his books of account and other evidence of debt, to secure them from loss by reason of their suretyship. These books, &c. were partnership assets of Shockley & Wooding.
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In Equity, in Marion Superior Court. Decision by Judge Crawford, August Term, 1854. Gr. O. Davis and others, became the sureties of Wm. D. Shockley on' two promissory notes, amounting to $1200, upon the agreement and promise of Shockley to turn over and transfer to them his books of account and other evidence of debt, to secure them from loss by reason of their suretyship. These books, &c. were partnership assets of Shockley & Wooding. Davis and his co-sureties filed their bill, alleging that Shockley had refused to comply with his agreement; that he was in failing circumstances, and that…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[l.] Can this bill be sustained, filed as it is to enforce the specific performance of an agreement, to turn over choses in action to indemnify the complainants against their securityship for the defendant ?
It is demurred to on several grounds. It is denied that a Court of Equity has jurisdiction over a bill for the specific performance of a contract, relative to chattels. And ordinarily, *178it has not, for the reason that adequate compensation, it was supposed, could be recovered at Law, for the breach of such a contract. All parties are entitled…
2Cited by8 opinions
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- Reid v. McRaeSupreme Court of Georgia · 1940
- O'Donnell v. ChamberlinSupreme Court of Colorado · 1906
- Brown v. E. Van Winkle Grin & Machine WorksSupreme Court of Alabama · 1904
- Fidelity & Deposit Co. v. BuckleySupreme Court of New Hampshire · 1910
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