Hill v. Sheibley
Supreme Court of Georgia
Bankruptcy. Contracts. Partnership. Principal and Agent. Fiduciary Debts. Before Judge Underwood. Floyd Superior Court. September Term, 1881. Hill, as the administrator of Joseph A. Davis, brought suit againct Sheibley on the following receipt given by Sheibley to Davis : “ Received, Rome, August 13, 1866, of Dr. Joseph A. Davis, five hundred dollars to be appropriated on joint account to buying property in the city of Rome ; in case of no investment to be returned, (Signed)…
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Bankruptcy. Contracts. Partnership. Principal and Agent. Fiduciary Debts. Before Judge Underwood. Floyd Superior Court. September Term, 1881. Hill, as the administrator of Joseph A. Davis, brought suit againct Sheibley on the following receipt given by Sheibley to Davis : “ Received, Rome, August 13, 1866, of Dr. Joseph A. Davis, five hundred dollars to be appropriated on joint account to buying property in the city of Rome ; in case of no investment to be returned, (Signed) P. M. Sheibley.” On the trial, the jury found for the plaintiff. The defendant moved for a new trial, on the following…
1Opinion of the Court
Jackson, Chief Justice.
When this case was last here — 64 Ga., 529 — the legal effect of the defendant’s discharge in bankruptcy was not positively ruled as to this debt; the decision rested then on another controlling point, rendering it unnecessary to decide this, though it was alluded to in the opinion. On the trial now for review, the court below put its grant of a hew trial specifically on the point that the defendant’s discharge in bankruptcy operated to discharge his liability on this receipt or note, it not being “fiduciary” in the sense of that term as employed in the bankrupt act of…
2Cases cited6 opinions
- Cronan v. CottingMassachusetts Supreme Judicial Court · 1870
- Flanagan v. PearsonTexas Supreme Court · 1874
- Jones v. RussellSupreme Court of Georgia · 1871
- Matteson v. KelloggIllinois Supreme Court · 1854
- Sheibley v. HillSupreme Court of Georgia · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Blashke v. Standard (In Re Standard)United States Bankruptcy Court, N.D. Georgia · 1991
- Floyd v. KicklighterSupreme Court of Georgia · 1912
- Morgart v. SmouseCourt of Appeals of Maryland · 1906
- Stephens v. MilikinCourt of Appeals of Georgia · 1926
- Gee v. GeeSupreme Court of Minnesota · 1901
2 more not listed; retrieve them via the Exa API.