Southern Express Co. v. Connor
Supreme Court of Georgia
Bankrupt. Parties. Pleading. Connor brought suit against the Southern Express Company for $1,500 00 damages, alleged to have been sustained on account of the negligent loss of goods by the defendant, which it had contracted to transport from the city of Savannah, in the State of Georgia, to the city of Columbus, in said State.
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Bankrupt. Parties. Pleading. Connor brought suit against the Southern Express Company for $1,500 00 damages, alleged to have been sustained on account of the negligent loss of goods by the defendant, which it had contracted to transport from the city of Savannah, in the State of Georgia, to the city of Columbus, in said State. The defendant pleaded in abatement, that since the commencement of said suit, to-wit: on December 26th, 1868, the said plaintiff, for himself, and as a member of the firm of M. Connor & Company, filed his petition in bankruptcy in the United States District Court for…
1Opinion of the Court
Trippe, Judge.
The trustee selected by the creditors was aware of the pendency of the suit in the name of the bankrupt, and consented that it should proceed in the name of the original plaintiff. No exception was taken to the Court’s allowing the case to be tried as it was instituted. The objection is that the Judge refused to charge the jury that if they rendered a verdict against the defendant, it should be for the use of the trustee. Beside the anomaly of a verdict being for one, or for his use, who is not a party of record, we do not think the verdict, as it stands, can endanger the rights…
2Cited by2 opinions
- Griffin v. Mutual Life InsuranceSupreme Court of Georgia · 1904
- Gering v. Superior CourtCalifornia Supreme Court · 1951