American National Bank v. Ward
Supreme Court of Georgia
Complaint. Before Judge Highsmitb. Jeff Davis superior court. May 10, 1915. The American National Bank of Macon brought suit 'against Elias Hinson on two promissory notes, each for $2,500 principal, with, interest at five per cent., dated December 11, 1911, one due on October 1,1912, and the other due on November 1,1912. Each of them stated that “I jointly and severally promise to pay to myself or order twenty-five hundred and no/100 dollars, at any bank, for value received,…
Read the full summary
Complaint. Before Judge Highsmitb. Jeff Davis superior court. May 10, 1915. The American National Bank of Macon brought suit 'against Elias Hinson on two promissory notes, each for $2,500 principal, with, interest at five per cent., dated December 11, 1911, one due on October 1,1912, and the other due on November 1,1912. Each of them stated that “I jointly and severally promise to pay to myself or order twenty-five hundred and no/100 dollars, at any bank, for value received, being a bona fide loan of money, with interest at five per cent, per annum from date until paid.” Each of these notes…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. There was no error in overruling the'objections to the allowance of the amendment to the defendant’s answer, or the demurrer to the answer as amended.
2. It was contended by qounsel for the plaintiff in error that Hinson could not inquire into the title of the bank to the note sued on. By the Civil Code (1910), section 4290, it is declared that the title of the holder of a note can not be inquired into, unless it is necessary for the protection of the defendant, or to let in the defense which he seeks to make. The defendant sought to protect himself…
2Cases cited7 opinions
- Haug v. RileySupreme Court of Georgia · 1897
- M. J. Atkins & Co. v. CobbSupreme Court of Georgia · 1876
- Matthews v. PoythressSupreme Court of Georgia · 1848
- Fidelity Trust Co. v. MaysSupreme Court of Georgia · 1914
- Houser v. StateSupreme Court of Georgia · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Edwards v. CampCourt of Appeals of Georgia · 1923
- Steinheimer v. BridgesSupreme Court of Georgia · 1916