Field v. Martin
Supreme Court of Georgia
Bond for titles. Demand. Joint obligees. Non-suit. Pleading. This is the second time this controversy has been before the Supreme Court.
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Bond for titles. Demand. Joint obligees. Non-suit. Pleading. This is the second time this controversy has been before the Supreme Court. See 46 Georgia Reports, 99. John D. Field, jr., brought complaint against Martha C. Martin, as administratrix upon the estate of "William Martin, deceased, for $150 00, besides interest, alleged to be due upon a bond for titles, executed by said intestate, on November 6th, 1847, by which he obligated himself to make to plaintiff and to David Nichols a warranty deed to certain lands, upon the payment to him of $150 00. The declaration set forth the payment of…
1Opinion of the Court
Trippe, Judge.
1. This case was before this Court, as reported in 46 Georgia, 99. It was then in the names of John D. Field, jr., suing for himself and David Nichols, for the use of John D. Field, jr. It was held, that Nichols being dead, the suit could not go on in his name, the Court saying, “We will not say that Field may not, as survivor, bring an action on the bond, but he must show a breach,” etc. Upon the new trial that was had, plaintiff amended his declaration, by striking out the name of “Nichols, for the use,” etc., so that now it is in his own name. The rule is, that where one or…
2Cases cited1 opinion
- Fuller v. HubbardNew York Supreme Court · 1826
3Cited by27 opinions
- Gainesville & Northwestern Railroad v. GallowayCourt of Appeals of Georgia · 1916
- Taylor v. TaylorSupreme Court of Georgia · 1943
- Savannah, Florida & Western Railway v. BarberSupreme Court of Georgia · 1884
- Barbee v. BarbeeSupreme Court of Georgia · 1947
- Franklin Savings & Loan Co. v. BrananCourt of Appeals of Georgia · 1936
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