Moultrie v. Smiley
Supreme Court of Georgia
Debt, in Bibb Superior Court. Tried before Judge Powers, November Term, 1854. This was an action brought to January Term, 1848, by Robert B. Smiley, against Briggs H. Moultrie, Charles Campbell, William B. Johnston and Thaddeus G. Holt. The declaration set out, that the defendants, on the 29fch of Sept.
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Debt, in Bibb Superior Court. Tried before Judge Powers, November Term, 1854. This was an action brought to January Term, 1848, by Robert B. Smiley, against Briggs H. Moultrie, Charles Campbell, William B. Johnston and Thaddeus G. Holt. The declaration set out, that the defendants, on the 29fch of Sept. Í847, were the directors, and the sole directors, of the Commercial Bank of Macon; that at that date, and from thence continuously, up to the time of bringing this suit, the indebtedness of said bank exceeded three times the amount of the capital stock paid in, over and above the amount of…
1Opinion of the Court
The Court not being unanimous, the opinions of the Judges were delivered seriatim.
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] As Counsel have addressed themselves almost exclusively to a single point in this case; and as it is the only one respecting which there is any contrariety of opinion between the members of the Court, I shall give to it the whole of my attention. It is this : Did the action of debt, brought against the directors, under the 8th rule of the Act of Incorporation of the Commercial Bank of Macon, abate by the expiration of the Charter, during the pendency, and…
2Cases cited2 opinions
- Mumma v. Potomac Co.Supreme Court of the United States · 1834
- President of the Middletown Bank v. RussSupreme Court of Connecticut · 1819
3Cited by13 opinions
- Hargroves v. ChambersSupreme Court of Georgia · 1860
- Reid v. DeJarnetteSupreme Court of Georgia · 1905
- Robison v. BeallSupreme Court of Georgia · 1858
- Davis v. BuieSupreme Court of Georgia · 1944
- Robison v. BeallSupreme Court of Georgia · 1858
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