267 F. 907 | S.D. Ga. | 1920
In this suit at law in six counts the plaintiff seeks to hold personally liable the county commissioners, clerk, treasurer, and attorney of Laurens county because of their connections with the issuance of certain repudiated notes of the county given for borrowed money. Each count is demurred to. The main facts alleged in each are these:
On January 10, 1918, the county commissioners passed a resolution declaring that there was “a casual and temporary deficiency in the public funds in the treasury of the county of Laurens, .and a casual and temporary need of money to meet the current expenses of the
3. The second count sets up that before the notes held by plaintiff were issued the entire $75,000 authorized by the resolution had been issued and sold to others, and these were paid, and those held by plaintiff not. paid, and that the statement in the notes that they were issued by authority of that resolution was false. We have seen, however, that the resolution on its face was no valid authority for borrowing any money. It would1 have helped the validity of plaintiff’s notes not at all if no others had been issued. No reason, indeed, appears the county would not be estopped to deny that the plaintiff’s notes were, as they stated, issued under the resolution. The count is stricken.
6. The fifth count- is similar to the third, except that it is alleged that the whole fund in bank arose from the proceeds of notes of plaintiff. What was said of the third count applies here.
“A plaintiff may pursue any number of consistent concurrent remedies against different persons until be obtains a satisfaction from some of them.” Georgia Code, § 5522.
,It is recognized, of course, that there can be but one satisfaction.
The plea is stricken.