Camp Lumber Co. v. Citizens Bank
Supreme Court of Georgia
Equitable petition. Before Judge Thomas. Lowndes superior court. August 4, 1914. The E. J. & B. E. Camp Lumber Company, a corporation under the laws of the State of Florida, and George W. Saxon, Frank Eoberts, W. B. Cate, H.- E. Taylor, and J. A. Maultsby, as trustees under a certain deed of trust executed to them by the lumber company for the benefit of its creditors, brought suit against the Citizens Bank of Yaldosta for the recovery of usury and for other relief.
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Equitable petition. Before Judge Thomas. Lowndes superior court. August 4, 1914. The E. J. & B. E. Camp Lumber Company, a corporation under the laws of the State of Florida, and George W. Saxon, Frank Eoberts, W. B. Cate, H.- E. Taylor, and J. A. Maultsby, as trustees under a certain deed of trust executed to them by the lumber company for the benefit of its creditors, brought suit against the Citizens Bank of Yaldosta for the recovery of usury and for other relief. The defendant filed its demurrer to the petition, which was sustained, and the plaintiffs excepted. The material allegations of…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) One of the grounds of demurrer alleges that the petition should be dismissed because of the plaintiffs’ failure to comply with the terms and conditions of a certain agreement, dated November 18, 1911. The material portions of this agreement were as follows: “Now, wherefore, it is agreed between the parties hereto that if said sale be consummated, all of said notes, except the first maturing note for two thousand dollars, shall be assigned by the R. J. & B. F. Camp Lumber Company to the said Citizens Bank of Valdosta, together with such security as may have…
2Cases cited6 opinions
- Pope v. MarshallSupreme Court of Georgia · 1887
- Whitehead v. PeckSupreme Court of Georgia · 1846
- Tribble v. AndersonSupreme Court of Georgia · 1879
- Cleghorn v. GreesonSupreme Court of Georgia · 1886
- Parker v. Fulton Loan & Building Ass'nSupreme Court of Georgia · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Henson v. Columbus Bank & Trust Co.Court of Appeals of Georgia · 1977
- Nash Loan Co. v. DixonSupreme Court of Georgia · 1935
- Reconstruction Finance Corp. v. PuckettSupreme Court of Georgia · 1935
- Poulk v. Cairo Banking Co.Supreme Court of Georgia · 1924
- Hartsfield Co. v. WatkinsCourt of Appeals of Georgia · 1942
8 more not listed; retrieve them via the Exa API.