Hightower v. Mustian
Supreme Court of Georgia
In Equity, in Muscogee Superior Court. Decision on demurrer, by Judge Alexander, May Term, 1850. This bill was filed by Daniel Hightower, and other judgment creditors of the Planters & Mechanics’ Bank of Columbus, alleging, that in 1842, the said bank borrowed of one John L. Mustian, ten thousand dollars in bills of the Central Bank of Georgia, (which were worth at that time 75 cents to the dollar) for which they agreed to pay interest at the rate of 16 per cent, per annum ;…
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In Equity, in Muscogee Superior Court. Decision on demurrer, by Judge Alexander, May Term, 1850. This bill was filed by Daniel Hightower, and other judgment creditors of the Planters & Mechanics’ Bank of Columbus, alleging, that in 1842, the said bank borrowed of one John L. Mustian, ten thousand dollars in bills of the Central Bank of Georgia, (which were worth at that time 75 cents to the dollar) for which they agreed to pay interest at the rate of 16 per cent, per annum ; that at the time, the bank was largely indebted to complainants and others, far beyond its means and resources, and was…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
This bill was dismissed upon general demurrer, upon the ground, as the bill of exceptions states, “ that the complainants showed by their own bill, that they were not entitled to the discovery and relief sought by the same.” To the decision thus made, the complainants have excepted. The bill is filed by certain creditors of the Planters & Mechanics’ Bank of Columbus, setting forth the ground of their claims, respectively, as creditors ; that suits were instituted by them against said bank, judgments obtained, executions issued and returns of nulla…
2Cited by13 opinions
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- Ray v. PitmanSupreme Court of Georgia · 1904
- Booth v. Atlanta Clearing-House Ass'nSupreme Court of Georgia · 1909
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