McCalla v. Clark
Supreme Court of Georgia
Debtor and creditor. Tender. Pledge. Conversion. Pleadings. Before Judge Hopkins. Eulton Superior Court. April Term, 1875. McCalla brought complaint against Clark for a certificate representing one hundred and twenty shares of the stock of the Atlanta Ice Manufacturing Company, alleged to be of the value of $2,000 00. The defendaht pleaded the general issue, and especially that said stock was transferred to him as collateral security for the loan of $413 00, besides…
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Debtor and creditor. Tender. Pledge. Conversion. Pleadings. Before Judge Hopkins. Eulton Superior Court. April Term, 1875. McCalla brought complaint against Clark for a certificate representing one hundred and twenty shares of the stock of the Atlanta Ice Manufacturing Company, alleged to be of the value of $2,000 00. The defendaht pleaded the general issue, and especially that said stock was transferred to him as collateral security for the loan of $413 00, besides interest; that he had been compelled to pay assessments thereon to the amount of $180 00 to prevent the forfeiture thereof; that…
1Opinion of the Court
Bleckley, Judge.
The head-notes are so copious and explicit that little need be said by way of supplement. The defendant had not disposed of the pledge when suit was brought. Under the circumstances, the demand and refusal' relied upon did not establish a conversion. There were lawful charges upon the property which were not tendered. The plaintiff was a delinquent debtor, and, having himself disregarded the element of time, was not in a situation to exact a very scrupulous regard of that element on the part of his creditor.. It was but reasonable for the latter to have a few. hours to consult…
2Cases cited3 opinions
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