Phillips v. Loyd
Supreme Court of Georgia
Negotiable instruments. Promissory notes. Notice Bona Jides. Vendor and purchaser. Principal and agent. Before Judge Van Epps. City court of Atlanta. December term, 1888. W. E. Phillips sued Mrs. Loyd as maker, and H. D. Phillips as endorser, on a promissory note payable to the order of the latter. The maker pleaded that the note was given for work and material in constructing around her property a sidewalk to be durable, etc.
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Negotiable instruments. Promissory notes. Notice Bona Jides. Vendor and purchaser. Principal and agent. Before Judge Van Epps. City court of Atlanta. December term, 1888. W. E. Phillips sued Mrs. Loyd as maker, and H. D. Phillips as endorser, on a promissory note payable to the order of the latter. The maker pleaded that the note was given for work and material in constructing around her property a sidewalk to be durable, etc. As soon as the walk was put down, she signed the note for part payment, not knowing that the work was not properly done, but this soon became apparent, and the sidewalk…
1Opinion of the Court
Bleckley, Chief Justice.
1. The note sued on being negotiable and the plaintiff having acquired it from the payee, for value, before inaturity, he is entitled to protection against failure of *538consideration, provided he is not affected with notice thereof.
The charge of the court that if the circumstances were such as to put a prudent man on inquiry, the plaintiff would be chargeable with notice of all that the pursuit of such inquiry would disclose, is in substantial accordance with the code, §2790; which declares that “Any circumstances which would place a prudent man upon his guard in…
2Cases cited1 opinion
- Boit & McKenzie v. WhiteheadSupreme Court of Georgia · 1873
3Cited by2 opinions
- Bank of Commerce v. KnowlesCourt of Appeals of Georgia · 1921
- Silver v. SellersCourt of Appeals of Georgia · 1939