Maggi v. Sylvan Circle Apartments, 17332
| Decision Date | 13 February 1951 |
| Docket Number | No. 17332,17332 |
| Citation | 207 Ga. 580,63 S.E.2d 368 |
| Parties | MAGGI v. SYLVAN CIRCLE APARTMENTS, Inc., et al. |
| Court | Georgia Supreme Court |
Mitchell & Mitchell, B. J. Dantone, Atlanta, for plaintiff in error.
James S. Branch, Thos. B. Branch, Jr., Atlanta, for defendants in error.
Syllabus Opinion by the Court.
Fred A. Maggi doing business as Beecher Hills Improvements Co., filed suit against Sylvan Circle Apartments, Inc., Goode Construction Co., Earthmovers, Inc., W. J. Freeman, and Franklin D. Richards, as Federal Housing Administrator, seeking to recover certain sums alleged to be due petitioner for labor and materials furnished by him as a sub-contractor of Earthmovers, Inc., in connection with the construction of Sylvan Circle Apartments, and seeking other equitable relief. The petition alleged in substance: that Sylvan Circle Apartments, Inc., owns a described tract of land; that the said corporation has built apartment buildings on the said land; that Goode Construction Co. was the general contractor, and that the plans have been approved by the F.H.A.; that Earthmovers, Inc. is a sub-contractor of Goode Construction Co., and plaintiff is a sub-contractor of Earthmovers, Inc.; that Franklin D. Richards, as Federal Housing Administrator, is to lend or has lent the money necessary to pay for the labor and materials used in the construction of the apartment buildings; that petitioner does not know the amount to be paid Goode Construction Co., but the amount is known to W. J. Freeman and the F.H.A.; that plaintiff did the work demanded under the contract, and this fact was known to all parties to this case; that the funds to be disbursed by the Federal Housing Administrator are a trust fund for the payment of all persons who have expended labor and materials in the construction of the apartment buildings with the knowledge of the said defendants; that litigation as to payment of sums due W. J. Freeman by Earthmovers, Inc., on which garnishment has been sued out by W. J. Freeman against Goode Construction Co., has been filed; that other litigation may ensue between other parties to the case, and due to the inability of petitioner to pay his bills for materials and machinery, liens may be filed on the property of Sylvan Circle Apartments, Inc.; that petitioner is due the sum of $20,890.15, as shown by the attached account, plus seven per cent. interest from June 16, 1950, and petitioner has demanded payment from all parties defendant except the F.H.A., and all have refused payment; that the suit of W. J. Freeman and the garnishment run by him against Goode Construction Co. have caused Goode Construction Co. to refuse to pay Earthmovers, Inc., and Earthmovers, Inc., to refuse to pay petitioner. The prayers were: that petitioner have judgment for damages as alleged; that a special lien be declared on all funds in the hands of all defendants which have been received or may be received from the F.H.A., or any other source; that all defendants be enjoined from paying any sums to each...
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Cotton States Mut. v. Stephen Brown Ins.
...or become insolvent, or otherwise be unable to respond to a judgment for damages if Brown prevails. See Maggi v. Sylvan Circle Apts., 207 Ga. 580, 581, 63 S.E.2d 368 (1951). Therefore, Brown having an adequate remedy at law, and having shown no vital necessity for the injunction, and becaus......
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Gurley v. Boulevard Park, Inc., 17933
...the judgment of the trial court sustaining the general demurrer and dismissing the petition was not error. Maggi v. Sylvan Circle Apartments, 207 Ga. 580, 63 S.E.2d 368; Irwin v. Willis, 202 Ga. 463(2), 43 S.E.2d 691, 4 A.L.R.2d 1265; Chadwick v. Dolinoff, 207 Ga. 702, 64 S.E.2d Judgment af......