Legal Opinion

Albany & Northern Railway Co. v. Merchants & Farmers Bank

Supreme Court of Georgia

Decided January 11, 1912PublishedCited by 12 opinions

Complaint. Before Jiidge Frank Park. Worth superior court. February 2, 1911. The Merchants and Farmers Bank, a banking corporation organized under the laws of Georgia and doing business at Cordele, Georgia, filed its petition in Worth superior court against the Albany & Northern Bailway Company, a railroad corporation operating a line of railroad through the town of Warwick in the county of Worth, and being a common carrier, and alleged the following facts: that the…

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Complaint. Before Jiidge Frank Park. Worth superior court. February 2, 1911. The Merchants and Farmers Bank, a banking corporation organized under the laws of Georgia and doing business at Cordele, Georgia, filed its petition in Worth superior court against the Albany & Northern Bailway Company, a railroad corporation operating a line of railroad through the town of Warwick in the county of Worth, and being a common carrier, and alleged the following facts: that the contracts hereinafter set forth were made in Worth county; that the Albany & Northern Eailway Company (hereinafter called the…

1Opinion of the CourtHill, J.

(After stating the foregoing facts.)

1. The decision of this case centers in the determination of the following questions made by the record: Were the bills of *394lading in this case through bills of lading? (a) Is this a suit ex contractu, — and if so, has the court of the county where the contract was made jurisdiction to try the suit filed for the alleged breach of the contract? (&) Was the demand at Cordele such as that a failure to produce the cotton at that point at the time of the first demand constituted a breach of the contract and a basis for recovery of damages for the breach of the…

2Cases cited14 opinions

  1. Central Railroad v. HasselkusSupreme Court of Georgia · 1893
  2. Merchants National Bank v. DemereSupreme Court of Georgia · 1894
  3. Bates v. BigbySupreme Court of Georgia · 1905
  4. Atlantic & Birmingham Railway Co. v. Howard Supply Co.Supreme Court of Georgia · 1906
  5. Cooper v. YoungSupreme Court of Georgia · 1857

9 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Griffin Hosiery Mills v. United Hosiery MillsCourt of Appeals of Georgia · 1923
  2. Louisville & Nashville Railroad v. LovelaceCourt of Appeals of Georgia · 1921
  3. Colfax Gin Co. v. Buckeye Cotton Oil Co.Court of Appeals of Georgia · 1919
  4. Jasper School District v. GormleyCourt of Appeals of Georgia · 1938
  5. Western & Atlantic Railroad v. LeggCourt of Appeals of Georgia · 1924

7 more not listed; retrieve them via the Exa API.

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