Legal Opinion

National Bank v. Augusta Cotton & Compress Co.

Supreme Court of Georgia

Decided August 3, 1896PublishedCited by 6 opinions

Petition for injunction, etc. Before Judge Callaway. Richmond superior court. April term, 1896. The Augusta Cotton & Compress Co. by its petition against Alexander & Alexander, Nixon & Danfortb, Hull & Tobin, the South Carolina & Georgia Railroad Co., the National Bank of Augusta, J. & W. Seligman & Co. and Edward H. Butt & Co., alleged: The plaintiff is a corporation duly chartered under the law of Georgia, with its principal office in Augusta.

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Petition for injunction, etc. Before Judge Callaway. Richmond superior court. April term, 1896. The Augusta Cotton & Compress Co. by its petition against Alexander & Alexander, Nixon & Danfortb, Hull & Tobin, the South Carolina & Georgia Railroad Co., the National Bank of Augusta, J. & W. Seligman & Co. and Edward H. Butt & Co., alleged: The plaintiff is a corporation duly chartered under the law of Georgia, with its principal office in Augusta. On or before November 4, 1895, Edward TI. Butt, doing business'as Edward H. Butt & Oo., delivered to it in the usual order of business 54 hales of…

1Opinion of the CourtSimmons, C. J.

1. There is nothing in 'the record of the present -case which brings into consideration the question whether or not section 1593 of the code was repealed or in any respect modified by the act of October 3, 1887, amending section 2138.

2. An equitable petition for an interpleader does not lie unless 'it appears from the allegations thereof that the conflicting claims of the defendants are of such character as to render it doubtful or dangerous for the plaintiff to act, and in order to do th-is it is necessary that such claim-s be set forth so as to inform the court of their nature, character…

2Cited by6 opinions

  1. Western & Atlantic Railroad v. Union Investment Co.Supreme Court of Georgia · 1907
  2. Knight v. JacksonSupreme Court of Georgia · 1923
  3. Lassiter v. Bank of DawsonSupreme Court of Georgia · 1940
  4. Williams v. J. M. High Co.Supreme Court of Georgia · 1946
  5. Matlack v. KlineSupreme Court of Missouri · 1919

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