Legal Opinion

Nessmith Lumber Co. v. Berrien County Bank

Court of Appeals of Georgia

Decided November 16, 1916No. 7383PublishedCited by 2 opinions

Complaint; from city court of Nashville — Judge Christian. .March 13, 1916.

1Opinion of the CourtBroyles, J.

1. There was some evidence which authorized an inference that the defendants, J. L. Nessmith and W. D. Nessmith, had held themselves out to the public as partners, doing a partnership business under the firm name of Nessmith Lumber Company.

2. There was likewise evidence which authorized a finding that J. L. Nessmith was acting within the scope of his authority when he signed the firm’s name to the note sued upon.

3. The plaintiff bank, being the transferee of the negotiable note sued upon, was presumably the bona fide purchaser of the same for value and before maturity; and it was for the jury…

2Cited by2 opinions

  1. Silver v. SellersCourt of Appeals of Georgia · 1939
  2. Callaway v. PearsonSupreme Court of Georgia · 1917

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