1 Ga. App. 794 | Ga. Ct. App. | 1907
On August 28, 1905, J. H. Holcomb, in the name of his wife, M. C. Holcomb, transferred, in writing, to Everett, Ridley & Company, certain open accounts due her. On November 2, 1906, Everett, Ridley & Company brought trover against J. H. Holcomb therefor, alleging that they had delivered to him the said accounts, to collect, and to turn over the proceeds as fast
During the hearing the defendant testified, that he was not able to give a solvent bond for $2,500, as required; that he had no property or money; that neither Everett, Eidley & Company, nor any one for them, had put in his hands for "collection the accounts alleged; that he had not held them for collection for Everett, Eidley & Company; that he had not been in possession, custody, or control of those accounts; that he was not, at the time of the hearing of the application for discharge, in possession, custody, or control of them, and was not on October 31, 1906, the day the affidavit for bail was made, and has not been since; that he has no money in his possession arising from the collection of those accounts; that he has no money of Everett, Eidley & Company; that he was in custody at the time he made application for discharge and has been in the custody of the sheriff ever since; that the deputy sheriff, in whose charge he was, did not permit him to go anywhere he wanted to. E. H. White, a witness for the plaintiffs, testified, that he was a member of the firm of Everett, Eidley & Company; that the'affidavit for bail was true in every particular; that the defendant had possession of the property when he went to see him in November; that the defendant had the custody of M. C. Holcomb’s stock and books; that he has never known of anybody else having custody of the property; that on April 7, 1906, he went to see the defendant as the agent of
After hearing the evidence, the, judge discharged the defendant, J. H. Holcomb, upon his own recognizance to appear at the January, 1907, term of the city court of Sandersville, to answer the plaintiff on the merits of the action of trover brought to that term of the court. To this judgment Everett, Eidley & Company excepted.
Judgment affirmed.