Legal Opinion

Central Trust Co. v. Fargason

Court of Appeals of Georgia

Decided January 29, 1918No. 8891PublishedCited by 1 opinion

. Complaint; from city court of Dawson — Judge Edwards. May 12, 1917.

1Opinion of the CourtJenkins, J.

“If the holder [of a negotiable instrument] receives it after it is due, its non-payment at maturity is notice to him of dishonor, and he takes it subject to all the equities existing between the original parties thereto” (Civil Code of 1910, § 4287), arising out of and connected with the original contract (Civil Code of 1910, § 4344) ; but the fact that a note is overdue does not destroy its character of negotiability (see authorities cited in note 1 to ease of Young Men’s Christian Association Gymnasium v. Rockford National Bank (179 Ill. 599, 54 N. E. 297, 70 Am. St. R. 135), as reported…

2Cases cited3 opinions

  1. Young Men's Christian Ass'n Gymnasium Co. v. Rockford National BankIllinois Supreme Court · 1899
  2. Guerry v. Perryman ex rel. DennardSupreme Court of Georgia · 1849
  3. Whittaker v. KuhnSupreme Court of Iowa · 1879

3Cited by1 opinion

  1. Georgia State Bank v. HardenCourt of Appeals of Georgia · 1924

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