Tarvin v. Davis

Court of Appeals of Georgia

Tarvin v. Davis

25 S.E.2d 152, 69 Ga. App. 244, 1943 Ga. App. LEXIS 52

CourtCourt of Appeals of Georgia

DecidedMarch 13, 1943

Docket29818.

StatusPublished

This text of 25 S.E.2d 152 (Tarvin v. Davis) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tarvin v. Davis, 25 S.E.2d 152, 69 Ga. App. 244, 1943 Ga. App. LEXIS 52 (Ga. Ct. App. 1943).

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Opinion

Stephens, P. J.

John W. Davis, as trustee in bankruptcy of Miller Distributing Company, instituted suit against Howard Tarvin, to, recover $2400 alleged to belong to that company, a partner ship, before the adjudication in bankruptcy, and to have been ' wrongfully paid by one of the partners to the defendant in settlement of a gambling debt; and alleging that the defendant had illegally converted such sum to his own use and refused to pay it to the trustee on demand. A general demurrer to the petition was overruled, and the defendant excepted.

The allegations of the petition are similar to the allegations in Brownlow v. Davis, supra; and this case is controlled by the decision in that case.

Judgment affirmed.

Sutton and Felton, JJ., concur.

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Stephens, P. J.

John W. Davis, as trustee in bankruptcy of Miller Distributing Company, instituted suit against Howard Tarvin, to, recover $2400 alleged to belong to that company, a partner ship, before the adjudication in bankruptcy, and to have been ' wrongfully paid by one of the partners to the defendant in settlement of a gambling debt; and alleging that the defendant had illegally converted such sum to his own use and refused to pay it to the trustee on demand. A general demurrer to the petition was overruled, and the defendant excepted.

The allegations of the petition are similar to the allegations in Brownlow v. Davis, supra; and this case is controlled by the decision in that case.

Judgment affirmed.

Sutton and Felton, JJ., concur.

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Bluebook (online)

25 S.E.2d 152, 69 Ga. App. 244, 1943 Ga. App. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tarvin-v-davis-gactapp-1943.

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