Planters' Rice-Mill Co. v. Merchants' National Bank
Supreme Court of Georgia
Contracts. Receipts. Written Instruments. Principal and Agent. Fraud. Pledges. Bailments. Before Judge Harden. City Court of Savannah. November Term, 1886. The facts in these two cases were similar, and they were argued and determined together; and a statement of one will suffice to show the controlling points made in both. The Merchants’ National Bank brought suit against the Planters’ Rice-Mill Co. The declaration contained two counts.
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Contracts. Receipts. Written Instruments. Principal and Agent. Fraud. Pledges. Bailments. Before Judge Harden. City Court of Savannah. November Term, 1886. The facts in these two cases were similar, and they were argued and determined together; and a statement of one will suffice to show the controlling points made in both. The Merchants’ National Bank brought suit against the Planters’ Rice-Mill Co. The declaration contained two counts. The first was a count in trover in the statutory form; the second was a count for damages, alleging the giving of the receipts stated below. On the trial,…
1Opinion of the Court
Bleckley, Chief Justice.
These two banks brought severally their actions against the Planters’ Rice-Mill Company in the city court of Savannah, and recovered. The company moved for a new trial in one of the cases on nineteen grounds, in the other on twenty-one grounds. The motions were overruled.
The actions were complaint, both substantially alike, the declaration in each having a count in trover and a special count on the facts. The cause of action was the failure of the rice-mill company to deliver rice in pursuance of certain receipts which it had issued, acknowledging tho rice to be in its…
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