Ober & Sons Co. v. Cochran
Supreme Court of Georgia
Equitable petition. Before Judge Reagan. Pike superior co.urt. October 10, 1902.
1Opinion of the CourtFish, P. J.
G. Ober & Sons Company held a note on P. F. Matthews, of Pike county, for $506, which fell due on November. 1,1901; and, on October 14, 1901, sent his note to the New South Savings Bank, of Barnesville, Ga,, for collection and remittance of the proceeds. On November 21, 1901, the bank collected the amount due on the note from Matthews. The bank never remitted the amount so collected to the Ober Company, but used the same in its own business. On December 4, 1901, the bank failed. Upon the application of creditors, its assets were placed in the hands of a receiver. The Ober Company filed a…
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