Washington Loan & Banking Co. v. Stanton
Supreme Court of Georgia
The Court of Appeals requested (in case No. 13977) instructions upon the following questions: “1. Can an agent, entrusted by the owner with the possession of a properly indorsed past-due promissory note for the purpose of collection only, convey a good title thereto as against his principal, by a sale and delivery to one talcing without actual notice that the agent is only empowered to collect? In other words, assuming, under the former decision in this case (28 Ga.
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The Court of Appeals requested (in case No. 13977) instructions upon the following questions: “1. Can an agent, entrusted by the owner with the possession of a properly indorsed past-due promissory note for the purpose of collection only, convey a good title thereto as against his principal, by a sale and delivery to one talcing without actual notice that the agent is only empowered to collect? In other words, assuming, under the former decision in this case (28 Ga. App. 319), that the fact that the promissory note is past due, though properly indorsed, puts the purchaser on notice of any…
1Opinion of the CourtHill, J.
1. An agent entrusted by the owner with possession of a properly indorsed past-due promissory note, for the purpose of collection only, cannot convey a good title thereto, as against his principal, by a sale and delivery of the note to one taking without actual notice that the agent is only empowered to collect. Thomas v. Kinsey, 8 Ga. 421 (5); Bank of Oglethorpe v. Swindle, 155 Ga. 69 (116 S. E. 604; Stanton v. Washington Loan & Banking Co., 28 Ga. App. 319 (110 S. E. 918).(a) The answer to the first question propounded by the Court of Appeals would be the same if, in addition to the facts…
2Cases cited6 opinions
- Lynch v. Southern Express Co.Supreme Court of Georgia · 1916
- Louisville & Nashville Railroad v. HoodSupreme Court of Georgia · 1920
- Thomas v. KinseySupreme Court of Georgia · 1850
- English v. RosenkrantzSupreme Court of Georgia · 1921
- Bank of Oglethorpe v. SwindleSupreme Court of Georgia · 1923
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Southern Exchange Bank v. First National BankSupreme Court of Georgia · 1927
- Johnston v. Travelers InsuranceSupreme Court of Georgia · 1936
- Bull & Son v. CarpenterSupreme Court of Georgia · 1924
- Herring v. StateSupreme Court of Georgia · 1927
- Liverpool London Globe Ins. Co. Ltd. v. StuartSupreme Court of Georgia · 1942
2 more not listed; retrieve them via the Exa API.