Watkins v. Jenks

• Decision Date: 31 January 1858
• Citation: 24 Ga. 431
• Parties: Ansel L. Watkins, plaintiff in error. vs. Jenks and Ogden, defendants in error.
• Court: Georgia Supreme Court

24 Ga. 431

Ansel L. Watkins, plaintiff in error. vs. Jenks and Ogden, defendants in error.

Supreme Court of the State of Georgia

JANUARY TERM, 1858.

Garnishment; from Macon county. Decision by Judge Powers, September, 1857.

Ogden and Jenks, having obtained judgment and sued out a fi. fa. against F. T. Snead, had summons of garnishment served on E. W. Allen, Esq., and Ansel E. Watkins. Summons of garnishment in other cases were sued out and served upon the same parties.

Watkins appeared and answered that Snead was indebted to him $1,350, besides interest, for rent, and to secure said debt he sold, transferred and assigned to respondent a number of notes and accounts amounting to about $2,800, as per schedule annexed to said assignment. That he, Watkins, placed the said notes and accounts in the hands of E. W. Allen, his attorney, for collection; that his attorney has paid to him, as collected, the sum of forty dollars, and the remaining notes and accounts are in the hands of his attorney uncollected; besides this, that he had nothing in his hands, norhad, at the time of the service of the summons, anything belonging to Snead, nor is nor was indebted to him anything.

The deed of assignment from Snead to Watkins is as follows:

Georgia, Macon County.

This indenture, made and entered, this 12th day of February, 1856, between Fletcher T. Snead, of the county of Macon, and Ansel L. Watkins, of the county of Bibb, witnesseth that, whereas, the said Fletcher T. Snead is justly indebted to the said Ansel L. Watkins in the sum of $1,350, by five promissory notes; one for $500, dated 1st Feb., 1852, at nine months; one for $400, dated 1st October, 1852, and due 12 months after date; one for $300, dated 1st October, 1853, at 12 months; one for $100, dated 1st October, 1854, at 12 months; one for $50, dated 1st October, 1855, at 12 months; all for rent of store.

Now to secure said Ansel L. Watkins harmless from all loss or damage, by reason of said notes and such interest as may accrue thereon, I bargain, sell, assign and convey to the said Ansel L. Watkins, his heirs and assigns, all the notes and accounts as per schedule, and hereto attached, solvent and insolvent, and hereby clothe him with full power to collect the same by suit or otherwise. And should there be enough, with reasonable diligence, to pay off and discharge said notes, that then the same be paid and cancelled. And should there be more than sufficient, that then and in such case, the said overplus be deposited in the Clerk's office of Macon Superior Court, or in the hands of the Sheriff of Macon county, as may be directed by the presiding Judge of the Macon Circuit, to be disposed of to the lien or liens that may, by priority, in the judgment of said Court, be entitled to receive the same against the said Snead.

I hereby surrender possession of said notes and accounts to said Watkins, and authorize him to collect the same in the most expeditious manner.

In witness whereof, I have hereunto set my hand and affixed my seal.

F. T. SNEAD, [L s.]

Signed, sealed and delivered in presence of

R. J. Peacock,

E. W. Allen, j. i. c.

Counsel for Watkins offered to prove that all the notes and accounts assigned were not worth the sum of $1,350, and that that sum could not have been collected out of them by reasonable diligence. The Court stated that it would consider that proof as...