Thornton v. Martin
Supreme Court of Georgia
Equitable petition. Before Judge Butt. Talbot superior court. September 16,1901. An equitable proceeding wa,s instituted by Martin against Thornton, of Muscogee county, and the Talbotton Railroad Company, whose principal office was in Talbot county.
Read the full summary
Equitable petition. Before Judge Butt. Talbot superior court. September 16,1901. An equitable proceeding wa,s instituted by Martin against Thornton, of Muscogee county, and the Talbotton Railroad Company, whose principal office was in Talbot county. The petition alleged, that on January 2, 1895, Brannon, administrator of the estate of Hochstrasser, had loaned $2,000 to Thornton, taking therefor the latter’s promissory note, dated and payable at Columbus in Mus-, cogee county, and due one year after date; that this note, a copy of which was attached, contained a pledge of certain shares of the…
1Opinion of the Court
Simmons, O. J.
(after stating the facts as above.) 1. That the petition set forth a cause of action, at least as against a general demurrer, we think evident from the synopsis of it given above. Under the allegations made, Martin had acquired a good title to the stock in controversy, and had a right to have it transferred on the books of the company. The contention that there was a misjoinder of parties defendant was also without merit. Thornton claimed to own the stock, and it was necessary to make him a party in order to settle the question of title; and the company was an equally necessary…
2Cases cited2 opinions
- Strange v. BarrowSupreme Court of Georgia · 1880
- Hays v. HamiltonSupreme Court of Georgia · 1882
3Cited by15 opinions
- Highland v. DavisWest Virginia Supreme Court · 1937
- People's National Bank v. ClevelandSupreme Court of Georgia · 1903
- Young v. New Pedrara Onyx Co.California Court of Appeal · 1920
- Allen v. AllenSupreme Court of Georgia · 1943
- Dunbar v. Commercial Electrical Supply Co.Supreme Court of Oklahoma · 1912
10 more not listed; retrieve them via the Exa API.