Bank v. J. K. Clarke Lumber Co

Citation112 Ga. 947,38 S.E. 363
PartiesDARIEN BANK . v. J. K. CLARKE LUMBER CO. et al. J. K. CLARKE LUMBER CO. et al. v. DARIEN BANK.
Decision Date28 February 1901
CourtSupreme Court of Georgia

38 S.E. 363
112 Ga. 947

DARIEN BANK .
v.
J. K. CLARKE LUMBER CO. et al.
J. K. CLARKE LUMBER CO. et al.
v.
DARIEN BANK.

Supreme Court of Georgia.

Feb. 28, 1901.


JUDGMENT—VERDICT—CROSS ERROR— DISMISSAL.

1. The judgment entered by the trial court in the present case did not follow the special verdict upon which it was based.

2. Where the judgment rendered by the supreme court upon a main bill of exceptions renders it unnecessary to decide the questions presented by a cross bill of exceptions sued out in the same case, the writ of error issued thereon will be dismissed.

(Syllabus by the Court.)

Error from superior court, Mcintosh county; P. Seabrook, Judge.

Action by the Southern Bank of the State of Georgia against the J. K. Clarke Lumber Company, the Darien Bank intervening. From the judgment, both parties bring error. Judgment on main bill of exceptions reversed. Cross bill of exceptions dismissed.

Garrard & Meldrim, for plaintiff in error.

Chisliolm & Clay, W. G. Charlton, and W. W. Mackall, for defendants in error.

LUMPKIN, P. J. The Southern Bank of the State of Georgia, a creditor of the J. K.

[38 S.E. 364]

Clarke Lumber Company, filed against It an equitable petition In the nature of a creditors' bill. An order was passed referring the case to an auditor, and it was therein, in substance, declared that any other creditor of the defendant might file an intervention, and that the same should be referred to and passed upon by the auditor. The Darien Bank availed itself of the privilege thus granted. A hearing before the auditor was had, at which the following facts were shown: The lumber company was indebted to the Darien Bank several thousand dollars upon certain instruments in the form of drafts drawn on the company itself by its secretary and treasurer. These instruments, one of which was for $3,000, will be hereinafter designated as "one-name paper." The lumber company was further indebted to the bank upon a promissory note for $2,000 indorsed by Adam Strain. The bank also held an individual promissory note of J. K. Clarke for $10,000. This note did not represent a debt actually due by Clarke to the bank, but was placed with it as collateral security for the payment of certain indebtedness of the lumber company to it. Whether the indebtedness here referred to was that alone which was evidenced by the one-name paper, or included also the indorsed note, was a seriously controverted question. Certain shares of stock owned or controlled by Clarke, and which he had...

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