Henderson v. Citizens First National Bank
Supreme Court of Georgia
Intervention. Before Judge Eve. Turner superior, court. November 8, 1919. The plaintiff in error was appointed receiver of the affairs and assets of the insolvent Bank of Sycamore.
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Intervention. Before Judge Eve. Turner superior, court. November 8, 1919. The plaintiff in error was appointed receiver of the affairs and assets of the insolvent Bank of Sycamore. The defendant in error intervened in the cause, alleging that the insolvent bank was indebted to it upon a note for $1660 principal, besides interest, etc., executed by “Brown & Kinnett by W. J. Kinnett,” payable to the order of said bank, and by it transferred and assigned by indorsement to intervenor, a copy of which note was exhibited; that it was acquired by intervenor by purchase for -a valuable consideration…
1Opinion of the CourtFish, C. J.
1. The amendment, properly construed, was an elaboration of the matter contained in the original petition for intervention, whieh was itself a suit on contract. The petition as amended set forth a cause of action.
2. The evidence was sufficient to support the judgment for the intervenor, which was rendered by the court without a jury, upon agreed facts and other evidence.
3. The case differs from Henderson v. National Sank of Tifton, 146 Ga. 799 (92 S. E. 525). In that case the bank for which the defendant was receiver was not a party to the note sued on; whereas in this case the note was…
2Cases cited22 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Aldrich v. Chemical National BankSupreme Court of the United States · 1900
- Citizens' Central Nat. Bank of NY v. AppletonSupreme Court of the United States · 1910
- Butts County v. Jackson Banking Co.Supreme Court of Georgia · 1908
- West St. Louis Savings Bank v. Shawnee County BankSupreme Court of the United States · 1877
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