Atkinson v. Bennet
Supreme Court of Georgia
Complaint on notes. Before Judge Sweat. Camden supexior court. August 5, 1897. Bennet, receiver of the Oglethorpe National Bank of Brunswick, sued J. .F. Bailey, administrator of J. S. Bailey deceased, as maker, and J. F. Bailey and Samuel C. Atkinson, as accommodation indorsers, upon two promissory notes, one for $2,000 principal, and the other for $1,000 principal, payable-to John D. Wright, cashier of the Oglethorpe National Bank, Brunswick, Ga.
Read the full summary
Complaint on notes. Before Judge Sweat. Camden supexior court. August 5, 1897. Bennet, receiver of the Oglethorpe National Bank of Brunswick, sued J. .F. Bailey, administrator of J. S. Bailey deceased, as maker, and J. F. Bailey and Samuel C. Atkinson, as accommodation indorsers, upon two promissory notes, one for $2,000 principal, and the other for $1,000 principal, payable-to John D. Wright, cashier of the Oglethorpe National Bank, Brunswick, Ga. From a copy attached to the declaration it-appeared that upon the note for $1,000, which was dated March 16, 1893, and was due three months after…
1Opinion of the CourtSimmons, C. J.
The plaintiff in error claims that the trial judge erred in striking his plea as amended. He maintained, in his argument here, that he had a right, under the law and the facts of the case, to prove by parol his real intention in placing his name upon the back of the notes, as understood between him and the payee of the same. Counsel for defendant in error contended that, under the facts of the case, the plaintiff in error was a surety or an accommodation indorser whose indorsement was neither essential to nor proper in the due transmission of title in the course of negotiation, not entitled…
2Cases cited17 opinions
- Good v. MartinSupreme Court of the United States · 1877
- Rey v. SimpsonSupreme Court of the United States · 1860
- Lewis & Bros. v. Harvey & StewartSupreme Court of Missouri · 1853
- Sibley v. American Exchange National BankSupreme Court of Georgia · 1895
- Kingsland v. KoeppeIllinois Supreme Court · 1891
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sullivan v. YowSupreme Court of Georgia · 1906
- Henderson v. EllarbeeCourt of Appeals of Georgia · 1926
- Preston v. DozierSupreme Court of Georgia · 1910
- Proctor v. Royster Guano Co.Court of Appeals of Georgia · 1918
- Saussy & Huxford v. WeeksSupreme Court of Georgia · 1905
6 more not listed; retrieve them via the Exa API.