Fidelity Trust Co. v. Mays
Supreme Court of Georgia
Complaint. Before Judge Daniel. Butts superior court. October 11, 1913. The Fidelity Trust Company, of Kansas City, Missouri, brought suit against S. H. Mays and others on a joint and several promissory note. It was dated, Jackson, Ga., December 19, 1905, and was due January 1, 1908, to McLaughlin Bros., or order, “for value received.” It was for $1,100, payable at the First National Bank, Jackson, Ga., “with interest at seven per cent, per annum, interest payable annually.”
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Complaint. Before Judge Daniel. Butts superior court. October 11, 1913. The Fidelity Trust Company, of Kansas City, Missouri, brought suit against S. H. Mays and others on a joint and several promissory note. It was dated, Jackson, Ga., December 19, 1905, and was due January 1, 1908, to McLaughlin Bros., or order, “for value received.” It was for $1,100, payable at the First National Bank, Jackson, Ga., “with interest at seven per cent, per annum, interest payable annually.” On the back of the note appeared the following indorsements: “Dec. 19, 1905, by cash $116.67.” “Without recourse,…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. Suit was brought on a promissory note by the indorsee thereof against the makers. The note was payable to order, and was indorsed without recourse. The defendants pleaded, that the note, with two others, was given for the purchase of a stallion; that fraud was perpetrated upon them in the sale; that there had been a failure of consideration, in that the horse was worth nothing for breeding purposes, for which he was bought, and was worth less for other *824purposes than the amount which had been paid upon the purchase-money; and that the plaintiff was not a…
2Cases cited12 opinions
- Matthews v. PoythressSupreme Court of Georgia · 1848
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3Cited by14 opinions
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- Barbour v. FinkeSouth Dakota Supreme Court · 1924
- Luden v. Enterprise Lumber Co.Supreme Court of Georgia · 1916
- Brantley v. Merchants & Farmers BankCourt of Appeals of Georgia · 1918
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