Legal Opinion

Burch v. Daniel

Supreme Court of Georgia

Decided May 20, 1897PublishedCited by 9 opinions

Complaint on notes. Before Judge Hart. Laurens superior court. July term,. 1896.

1Opinion of the CourtLumpkin, P. J.

In order to authorize one to institute and maintain in his own name an action upon a promissory note, the legal title to the paper must be in the plaintiff.

*229This was an action by Daniel upon promissory notes which were originally payable to John A. Fretwell, or order. Upon each of the notes was written the following transfer: “For value received, I hereby sell and transfer the within note to C. S. Pope, without recourse on me. J. A. Fretwell. ” Without the knowledge or consent of the makers of the notes, the word “order” had been in each of them erased, and the word “bearer” substituted in '…

2Cases cited2 opinions

  1. Benson v. Abbott, Parker & Co.Supreme Court of Georgia · 1894
  2. Dalton City Co. v. JohnsonSupreme Court of Georgia · 1876

3Cited by9 opinions

  1. Allen v. Commercial Credit Co.Supreme Court of Georgia · 1923
  2. Stone v. COLONIAL CREDIT COMPANYCourt of Appeals of Georgia · 1956
  3. Folsom v. Continental Adjustment Corp.Court of Appeals of Georgia · 1934
  4. Bond v. MaxwellCourt of Appeals of Georgia · 1929
  5. Northeast Factor & Discount Co. v. Mortgage Investments, Inc.Court of Appeals of Georgia · 1963

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