Southern Star Lightning Rod Co. v. Duvall
Supreme Court of Georgia
Executions. Levy and sale. Payment. Attorney and client. Before Judge Underwood. Eloyd Superior Court. March Term, 1879. On February 28, 1873, an execution in favor of the Lightning Rod Company against Ayer, Duvall & Turner, was issued from the clerk’s office of Floyd superior court, for $135.00 principal, $11.85 interest, and costs.
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Executions. Levy and sale. Payment. Attorney and client. Before Judge Underwood. Eloyd Superior Court. March Term, 1879. On February 28, 1873, an execution in favor of the Lightning Rod Company against Ayer, Duvall & Turner, was issued from the clerk’s office of Floyd superior court, for $135.00 principal, $11.85 interest, and costs. On it were credits amounting to $50.00; also the following entries: “ For value received the within fi. fa. is hereby controlled and transferred to A. P. McCord. August 23d, 1873. (Signed) Dunlap Scott, PlfE’s Att’y.” “ Satisfied in full, principal and interest.…
1Opinion of the Court
Beeck'ley, Justice.
1. Did McCord pay the fi.fa., or did he purchase it? He was not a party to it, nor did he have in hand any fund belonging to the defendant. The latter requested him to advance the money and pay off the fi. fa., and this he promised todo; but did he do it? Did he not change his mind, and conclude to purchase the fi. fa. and keep it open against the defendant, so that he might, if necessary, enforce it for his reimbursement ? It matters not how late he underwent this change of purpose, if he did in fact undergo it, and if he acted accordingly in his dealings with the…
2Cases cited3 opinions
- Harbeck v. . VanderbiltNew York Court of Appeals · 1859
- Thomas v. KinseySupreme Court of Georgia · 1850
- Hull v. SullivanSupreme Court of Georgia · 1879
3Cited by3 opinions
- Shurley v. BlackSupreme Court of Georgia · 1923
- LeBeuf v. AtkinsCourt of Appeals of Washington · 1979
- LeBeuf v. AtkinsCourt of Appeals of Washington · 1979