McMillan v. Heard National Bank
Court of Appeals of Georgia
Complaint; from city court of Savannah—Judge Davis Freeman. December 10, 1915. The Heard National Bank of Jacksonville brought suit against the South Atlantic Blow Pipe and Sheet Metal Company as maker and T. H. McMillan as indorser, on writings which were as follows: “Jacksonville, Fla., Oct. 6, 1914. “Sixty days after date we promise to pay to the order of the Heard National Bank of Jacksonville $5,000.00—five thousand dollars, with interest after maturity at the rate of…
Read the full summary
Complaint; from city court of Savannah—Judge Davis Freeman. December 10, 1915. The Heard National Bank of Jacksonville brought suit against the South Atlantic Blow Pipe and Sheet Metal Company as maker and T. H. McMillan as indorser, on writings which were as follows: “Jacksonville, Fla., Oct. 6, 1914. “Sixty days after date we promise to pay to the order of the Heard National Bank of Jacksonville $5,000.00—five thousand dollars, with interest after maturity at the rate of ten per cent, per annum until paid, for value received. Negotiable and payable at the Heard National Bank of…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.) 1. The trial judge did not err in refusing to dismiss the plaintiff’s- amended petition on the ground of its being duplicitous. While the use of two or more inconsistent theories as to the right to recover in the same count would not be permissible, the common-law rule against duplicity was at an early date evaded by setting out the different grounds for recovery for the same demand in separate and distinct counts. Our practice requires that the causes of action be of a similar nature, and that each count shall contain a complete cause of action in…
2Cases cited14 opinions
- Cooper v. Portner Brewing Co.Supreme Court of Georgia · 1901
- Waldrop v. WolffSupreme Court of Georgia · 1902
- Reid v. FlippenSupreme Court of Georgia · 1872
- Savannah Bank & Trust Co. v. PurvisCourt of Appeals of Georgia · 1909
- Booth v. HuffSupreme Court of Georgia · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Spence v. ErwinSupreme Court of Georgia · 1946
- Burson v. ShieldsSupreme Court of Georgia · 1925
- Milton v. MiltonSupreme Court of Georgia · 1942
- Saliba v. SalibaSupreme Court of Georgia · 1946
- Coen v. CDC Software Corp.Supreme Court of Georgia · 2018
25 more not listed; retrieve them via the Exa API.