Charles Campbell & Co. v. Brown
Supreme Court of Georgia
Illegality, in Bibb. Tried before Judge Powers, May Term, 1855. Jesse Dunn obtained a judgment for $3.447 50 against Theodore A. Goodwin, Thomas A. Brown and Judge W. Harris, in the Inferior Court of said county.
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Illegality, in Bibb. Tried before Judge Powers, May Term, 1855. Jesse Dunn obtained a judgment for $3.447 50 against Theodore A. Goodwin, Thomas A. Brown and Judge W. Harris, in the Inferior Court of said county. Subsequently, the said judgment and the fi. fa. founded thereon, were transferred by said Dunn to L. N. Whittle, and by him to Charles Campbell & Co. The assignees having caused the said fi. fa. to be" levied on certain real estate of Thomas A. Brown, one of the defendants, he thereupon made affidavit that said execution was proceeding illegally against his property, on the ground…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] There was some confusion in the charge of the Court?' in submitting the law of this case to the Jury, resulting, perhaps, from the indistinctness of the proof. While a mere-agreement, on the part of Campbell & Co. not to collect the-residue of their debt out of Goodwin, would not be binding for want of consideration; and while the consent of Goodwin, that the overplus of the fund in the hands of Campbell' & Co. might be applied to the open account debt of theirs. against him, would not be a siffficient consideration, inasmuch as Goodwin was…
2Cited by3 opinions
- Johnson v. Georgia Fertilizer & Oil Co.Court of Appeals of Georgia · 1918
- Register v. Southern States Phosphate & Fertilizer Co.Supreme Court of Georgia · 1924
- Fowler v. CokerSupreme Court of Georgia · 1899