Legal Opinion

Dearing v. Bank of Charleston

Supreme Court of Georgia

Decided November 15, 1848No. 58PublishedCited by 37 opinions

In Equity — Richmond Superior Court, decision on demurrer, by Judge Holt, June Term, 1848. The defendants in error filed" their bill in Richmond Superior Court, charging that Samuel H. Peck owned 310 shares in the Augusta Insurance & Banking Company, which, in June, 1839, he transferred to the Bank of Charleston, So. Ca. as a security for a large sum of money, ($28,000) owing by Holcombe, Peck & Co.to the Bank.

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In Equity — Richmond Superior Court, decision on demurrer, by Judge Holt, June Term, 1848. The defendants in error filed" their bill in Richmond Superior Court, charging that Samuel H. Peck owned 310 shares in the Augusta Insurance & Banking Company, which, in June, 1839, he transferred to the Bank of Charleston, So. Ca. as a security for a large sum of money, ($28,000) owing by Holcombe, Peck & Co.to the Bank. In March, 1843, the capital stock of the Company was reduced, and a certificate was granted to A. Rose, Cashier, for 232 shares. • . William Dearing having obtained a judgment against'…

1Opinion of the Court

By the Court.

Nisbet, J.

delivering the opinion.

The bill filed by Bearing against the Augusta Insurance & Banking Company, and the Bank of Charleston, charges that one Samuel H. Peck was the owner of certain shares of the stock of that Company, which was brought to sale under our Statute, making stocks liable to execution — that he (Bearing) became the purchaser, and that the sheriff of Richmond county, in accordance with the requirements of the Statute, issued to him a certificate of purchase — that the same stock had been, previous to his purchase, assigned and transferred by a firm of which…

2Cases cited10 opinions

  1. Mills v. DuryeeSupreme Court of the United States · 1813
  2. Hampton v. M'connelSupreme Court of the United States · 1818
  3. Borden v. FitchNew York Supreme Court · 1818
  4. Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
  5. Shumway v. StillmanNew York Supreme Court · 1831

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3Cited by37 opinions

  1. Reeves v. Southern Railway Co.Supreme Court of Georgia · 1905
  2. Grimmett v. BarnwellSupreme Court of Georgia · 1937
  3. Hood v. HoodSupreme Court of Georgia · 1908
  4. Mabee v. McDonaldTexas Supreme Court · 1915
  5. People's National Bank v. ClevelandSupreme Court of Georgia · 1903

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