Fourth National Bank v. Mayer
Supreme Court of Georgia
Attachment. Garnishment. Judgment. Practice. Indorsement. Draft. Before Judge Bower. Dougherty superior court. April term, 1891. Attachment was sued out by Mayer against Laidley & Co. and the Fourth National Bank of Cincinnati, • Ohio, on April 18, 1890, and on the same day a summons of garnishment issued and was served on the First National Bank of Albany, and its answer was traversed.
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Attachment. Garnishment. Judgment. Practice. Indorsement. Draft. Before Judge Bower. Dougherty superior court. April term, 1891. Attachment was sued out by Mayer against Laidley & Co. and the Fourth National Bank of Cincinnati, • Ohio, on April 18, 1890, and on the same day a summons of garnishment issued and was served on the First National Bank of Albany, and its answer was traversed. At the trial the following facts appeared: Laidley & Co., of Cincinnati, Ohio, sold and shipped to N. L. Bagan, of Albany, Ga., a car-load of meat for which he was to pay on arrival at Albany. On the same day…
1Opinion of the Court
*108 Judgment reversed.
The judge, to whom the case was submitted without a jury, rendered judgment for $250 against all the defendants. The' two banks except, and insist that so far as the judgment relates to them it is contrary to law and evidence; that the Fourth National Bank was the owner of the bill of lading and draft without knowledge of defect, damages or equities between the sellers and purchaser; and that when the draft was paid the money belonged to that bank, and no judgment should have been rendered against it or against its collection agent, the First National Bank. W. T. Jones, for…
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