Adkins v. Thornton
Supreme Court of Georgia
Debt, in Muscogee Superior Court. Decision by Judge Worrell, December Term, 1855. This was an action against Thornton as a stockholder in 'the Planters’ and Mechanics’ Bank of Columbus, to compel the redemption of the bills of said bank. Defendant demurred to the declaration of the plaintiff, on the ground that it contained no averment of the amount of the bills of the bank unredeemed and in circulation.
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Debt, in Muscogee Superior Court. Decision by Judge Worrell, December Term, 1855. This was an action against Thornton as a stockholder in 'the Planters’ and Mechanics’ Bank of Columbus, to compel the redemption of the bills of said bank. Defendant demurred to the declaration of the plaintiff, on the ground that it contained no averment of the amount of the bills of the bank unredeemed and in circulation. The Court sustained the demurrer, and (plaintiff declining to amend) dismissed the action. This decision is assigned as error by the plaintiff. The defendant, before making this motion,…
1Opinion of the Court
The Court not being unanimous, the Judges delivered their .opinions seriatim. ■
By the Court.
McDonald, J.
delivering .the opinion.
Whether or not there be error in the decision of the Court below, depends on the nature and extent of the liability of the defendant, as a stockholder in the Planters’ & Mechanics’ Bank of Columbus, for the ultimate redemption of the bills or notes issued by that bank. If the defendant is liable, as a stockholder in said bank, for a part of the unredeemed bills or notes issued by said bank, equal in amount to the shares and value thereof, which he holds in said bank,…
2Cited by8 opinions
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- Eames v. DorisIllinois Supreme Court · 1882
- Gormley v. SearcySupreme Court of Georgia · 1936
- Allender v. GhingherCourt of Appeals of Maryland · 1936
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