Little & Green v. Davis
Supreme Court of Georgia
Injunction and interpleader. Before Judge Bell. Fult.on superior court. November 1, 1912. W. J. .Davis filed a petition against "W. L. & John 0. Dupree, a partnership,. and Little & Green, another partnership, alleging: that each of said defendants is a firm of real-estate agents; that, during certain months of the year 1912 the petitioner sent out to almost every real-estate firm and agent in Atlanta a circular letter in which he called attention to a certain piece of real…
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Injunction and interpleader. Before Judge Bell. Fult.on superior court. November 1, 1912. W. J. .Davis filed a petition against "W. L. & John 0. Dupree, a partnership,. and Little & Green, another partnership, alleging: that each of said defendants is a firm of real-estate agents; that, during certain months of the year 1912 the petitioner sent out to almost every real-estate firm and agent in Atlanta a circular letter in which he called attention to a certain piece of real estate owned by him which was for sale, and requested the agents addressed to undertake the sale of same at a stated…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.)
1. We do not think that the court erred in overruling the demurrer to the petition for interpleader. Under the allegations of the petition the sole question for determination was, which of the two parties whom the plaintiff sought to have interplead had procured a purchaser? The petitioner admitted that he owed one or the other the sum of $387, and set up facts to show that this identical sum was due by him to one or other of the two real-estate firms. The petition made him practically a stakeholder, owing but one debt to one of two parties, which he could…
2Cited by8 opinions
- Phillips v. KellySupreme Court of Georgia · 1932
- Almand v. ReeseSupreme Court of Georgia · 1952
- Chas. H. Steffey, Inc. v. American Bank Stationery Co.Court of Appeals of Maryland · 1931
- Manufacturers Finance Co. v. Jones Co.Supreme Court of Georgia · 1914
- Wight v. FerrellSupreme Court of Georgia · 1939
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