Frank v. Longstreet, Sedgwick & Co.
Supreme Court of Georgia
Usury. Pleadings. Verdicts. Evidence. Before Judge Hopkins. Eulton Superior Court. October Term, 1871. Longstreet, Sedgwick & Company averred that “Jane Erauk, as principal, and Moses Frank, as security, both of said (Fulton) county, and Lewis A. Guild, of the county of Calhoun, as indorser,” owed them $1,136 00, besides interest upon a note payable to Guild, hereinafter described. Second original issued for Guild. In it “both of said county,” supra was left out.
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Usury. Pleadings. Verdicts. Evidence. Before Judge Hopkins. Eulton Superior Court. October Term, 1871. Longstreet, Sedgwick & Company averred that “Jane Erauk, as principal, and Moses Frank, as security, both of said (Fulton) county, and Lewis A. Guild, of the county of Calhoun, as indorser,” owed them $1,136 00, besides interest upon a note payable to Guild, hereinafter described. Second original issued for Guild. In it “both of said county,” supra was left out. All three were served. The Franks pleaded the general issue; that at the time of making said note, it was agreed with them that…
1Opinion of the Court
Lochrane, Chief Justice.
The facts in this record show substantially that Lewis A. Guild had a promissory note, dated January 12th, 1867, due twelve months after date, at the Atlanta National Bank, for $1,136 00, made payable to him by Jane Frank and M. Frank, as security; that this note was not deposited at the bank for collection, but was in the hands of the payee after it became due, M. Frank, the security, making the proper waiver in writing, in relation to demand and notice, etc. After the note was due, Guild indorsed it and delivered it to the agent of Longstreet, Sedgwick & Company, in…
2Cases cited1 opinion
- Guild v. Goldsmith, Haber & Co.Supreme Court of Florida · 1860
3Cited by7 opinions
- Hull v. MyersSupreme Court of Georgia · 1893
- McConnell Bros. v. SlappeySupreme Court of Georgia · 1910
- Lynch v. GoldsmithSupreme Court of Georgia · 1879
- Cutter-Tower Co. v. ClementsCourt of Appeals of Georgia · 1908
- Crawford v. HodgeSupreme Court of Georgia · 1888
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