Roark v. Turner
Supreme Court of Georgia
Assumpsit, iu Fulton Superior Court. Tried before Judge Bum, April Term, 1859. This was an action of assumpsit, brought by Green B. Turner, endorsee, vs. W. W. Roark and others, executors of J. McMaster, and W. W. Roark, and William Gilbert, endorsees, to recover the amount of a promissory note. 1st. Before the case was submitted to the jury, the defendant Roark moved to dismiss the case or compel the plaintiff to amend, on the ground, that the same person Roark could not be…
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Assumpsit, iu Fulton Superior Court. Tried before Judge Bum, April Term, 1859. This was an action of assumpsit, brought by Green B. Turner, endorsee, vs. W. W. Roark and others, executors of J. McMaster, and W. W. Roark, and William Gilbert, endorsees, to recover the amount of a promissory note. 1st. Before the case was submitted to the jury, the defendant Roark moved to dismiss the case or compel the plaintiff to amend, on the ground, that the same person Roark could not be sued in the same action in two characters, to-wit: as executor of the maker, and individually, as endorser.1 The Court…
1Opinion of the Court
— Stephens J.
By the Court.
delivering the opinion.
[1.] We are all agreed, that there is no difficulty in sustaining this action against Roark in his two characters, as executor of the maker, and as individual endorser. The judgment goes against him in the one character, de bonis testatoris, and in the other, de bonis propriis. We cannot see how any difficulty is created by the circumstance that both characters happen to be united in the same person.
[2.] Upon the other point, Judge Benning dissents from a majority of the Court. I shall not at all discuss the common law authorities on this…
2Cited by1 opinion
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