Heard v. Russell & Potter
Supreme Court of Georgia
Equity. Auditor. Practice in the Supreme Coui't. Practice in tlie Superior Court. Evidence. Principal and agent. Contracts. Factors. Before Judge Gibson. Richmond Superior, Court. October Term, 1876. This case was a bill in equity filed by Heard to prevent Russell & Potter from selling $35,000 of securities which he had deposited with them, as the receipt given shows, “as mai'gin against the purchase of 2,000 bales of cotton in Liverpool.”
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Equity. Auditor. Practice in the Supreme Coui't. Practice in tlie Superior Court. Evidence. Principal and agent. Contracts. Factors. Before Judge Gibson. Richmond Superior, Court. October Term, 1876. This case was a bill in equity filed by Heard to prevent Russell & Potter from selling $35,000 of securities which he had deposited with them, as the receipt given shows, “as mai'gin against the purchase of 2,000 bales of cotton in Liverpool.” Heard claimed that his orders had not been obeyed, and that fraud had been practiced on him, by which a large portion of the loss had resulted, and that at…
1Opinion of the Court
Jackson, Judge.
This was a bill filed by Heard against the defendants, for an account of moneys received by Russell & Potter from him andexpended by them through Leech, Harrison & Eorwood, of Liverpool, England, in the purchase of cotton for him. The immediate purpose of the bill, it seems, was to enjoin Russell Potter from selling securities put in their hands by Heard as margin to cover losses in the purchase of futures in cotton. The main allegations in the bill were that they (Russell & Potter) had disobeyed the instructions of Lleard, after inducing him to cover’margins from time to time,…
2Cases cited4 opinions
- Warren, Lane & Co. v. HewittSupreme Court of Georgia · 1872
- Camp & Kemp v. MayerSupreme Court of Georgia · 1872
- Brinson v. WessolowskySupreme Court of Georgia · 1876
- Vanduzer v. McMillanSupreme Court of Georgia · 1867
3Cited by11 opinions
- Georgia Railroad & Banking Co. v. WrightSupreme Court of Georgia · 1906
- Hagan v. Asa G. Candler Inc.Supreme Court of Georgia · 1939
- Willingham v. RushingSupreme Court of Georgia · 1898
- Jones v. GranthamSupreme Court of Georgia · 1888
- Armstrong v. LewisSupreme Court of Georgia · 1878
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