Legal Opinion

Atlanta Bridge & Axle Co. v. Merchants National Bank

Supreme Court of Georgia

Decided April 27, 1892PublishedCited by 1 opinion

Acceptance. Debtor and creditor. Fraud. Before Judge Yan Epps. City court of Atlanta. September term, 1891. The Merchants National Bank of Rome sued the Atlanta Bridge & Axle Company upon two acceptances drawn by the Rome Rolling Mill Company by Edward B. Hill, treasurer, at Home, Georgia, on April 17, 1890, upon the bridge and axle company, one for $950, payable ninety days after date, the other for $193.87, payable five months after date, payable to the order of fi.

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Acceptance. Debtor and creditor. Fraud. Before Judge Yan Epps. City court of Atlanta. September term, 1891. The Merchants National Bank of Rome sued the Atlanta Bridge & Axle Company upon two acceptances drawn by the Rome Rolling Mill Company by Edward B. Hill, treasurer, at Home, Georgia, on April 17, 1890, upon the bridge and axle company, one for $950, payable ninety days after date, the other for $193.87, payable five months after date, payable to the order of fi. Kiñg, cashier, and accepted by the defendant. The defendant pleaded not indebted, and made two other pleas which were stricken…

1Opinion of the Court

*225 Judgment affirmed.

The pleas were : And for further plea in this behalf defendant says that the acceptances were fraudulently procured from it by plaintiff' as follows, to wit: About the middle of April, 1890, E. B. Hill, the treasurer of the Borne Bolling Mill Co. and agent to sell the product of said company, then in the custody and control of plaintiff and to which plaintiff had a qualified title, came to the business place of defendant in the city of Atlanta and proposed to sell a lot of somé fifty thousand pounds of 3-4 round iron, which he said was controlled by plaintiff', and the…

2Cases cited7 opinions

  1. Merritt v. BagwellSupreme Court of Georgia · 1883
  2. Bryan v. GurrSupreme Court of Georgia · 1859
  3. Flournoy & Epping v. First National Bank of JeffersonvilleSupreme Court of Georgia · 1887
  4. Harris v. CollinsSupreme Court of Georgia · 1886
  5. Muscogee Railroad v. ReddSupreme Court of Georgia · 1875

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Alsabrook v. Continental Trust Co.Court of Appeals of Georgia · 1925

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