Florida Coca Cola Bottling Co. v. Ricker
Supreme Court of Georgia
Attachment. Before Judge Felton. Bibb superior court. April 19, 1910. On March 18, 1908, the Florida Coca Cola Bottling Company-sued out an attachment in the superior court of Bibb county against E. A. Ricker, on the ground that the defendant was a non-resident. It was levied by serving a summons of garnishment on the Commercial & Savings Bank of Macon.
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Attachment. Before Judge Felton. Bibb superior court. April 19, 1910. On March 18, 1908, the Florida Coca Cola Bottling Company-sued out an attachment in the superior court of Bibb county against E. A. Ricker, on the ground that the defendant was a non-resident. It was levied by serving a summons of garnishment on the Commercial & Savings Bank of Macon. During the term of the superior court to which the writ was made returnable, the plaintiff filed a declaration in attachment, alleging the foregoing facts, and 'also in substance as follows: On March 15, 1907, H. F. Haley and T. C. Parker,…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts..)
1. The plaintiff brought suit against the defendant to recover the amount which the latter had collected on open accounts against certain debtors. The accounts were originally due to the Jacksonville Coca Cola Bottling Company. They were assigned in writing by the defendant, Ricker, to H. F. Haley and T. C. Parker. The assignment recited that Ricker was “trading under the firm name of the Jacksonville Coca Cola Bottling Company.” No written assignment from Haley and Parker to the plaintiff was produced. It was sought to supply its absence by parol evidence.
2Cases cited9 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Bowden v. AchorSupreme Court of Georgia · 1895
- Tiernan v. JacksonSupreme Court of the United States · 1831
- Rivers v. Wright & Co.Supreme Court of Georgia · 1903
- Turk v. CookSupreme Court of Georgia · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lamon v. PerryCourt of Appeals of Georgia · 1924
- Covil v. Robert & Co. AssociatesCourt of Appeals of Georgia · 1965
- Rountree v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1923
- Few v. PouCourt of Appeals of Georgia · 1924
- Powers v. Brunswick-Balke-Collender Co.Court of Appeals of Georgia · 1917
6 more not listed; retrieve them via the Exa API.