Legal Opinion

Austell v. Humphries

Supreme Court of Georgia

Decided May 11, 1896PublishedCited by 12 opinions

Complaint. Before Judge Hober. Cobb superior court. March, term, 1895. Humphries sued Austell and Scott, alleging that they were indebted to him $2,899.26, with interest and attorney’s fees, on account of the following facts: In 1890 or 1891, the Austell Lithia Springs & Land Co. was duly incorporated with a capital stock of $32,000, of which T. Gr. Healey owned to the amount of $14,000; J. A. Scott, $3,500; petitioner, $8,200; M. R. Berry, $6,000, and NA.

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Complaint. Before Judge Hober. Cobb superior court. March, term, 1895. Humphries sued Austell and Scott, alleging that they were indebted to him $2,899.26, with interest and attorney’s fees, on account of the following facts: In 1890 or 1891, the Austell Lithia Springs & Land Co. was duly incorporated with a capital stock of $32,000, of which T. Gr. Healey owned to the amount of $14,000; J. A. Scott, $3,500; petitioner, $8,200; M. R. Berry, $6,000, and NA. Moss (now deceased), $1,200. The corporation owned a hotel and spring and other valuable property. Much money was paid out in…

1Opinion of the Court

Atkinson, Justice.

The official report contains a correct synopsis of the original pleadings in the case, and a correct statement of the grounds of the motion for new trial.

Hpon the trial it was shown that Scott, one of the defendants, jointly with Humphries, the plaintiff, was interested in certain real estate. Humphries sold his interest in this real estate to Scott, and at the time of sale made an agreement with Scott, that l;e could appropriate the amount of money due by Scott to Humphries to the payment of a debt due by Humphries to one Healey. To this arrangement Scott assented. He…

2Cited by12 opinions

  1. Davis & Co. v. MorganSupreme Court of Georgia · 1903
  2. Sheppard v. BridgesSupreme Court of Georgia · 1912
  3. Shropshire v. RaineySupreme Court of Georgia · 1920
  4. Hawkins v. Central of Georgia Railway Co.Supreme Court of Georgia · 1903
  5. Morgan v. ArgardSupreme Court of Georgia · 1918

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