Legal Opinion

Butler v. Marine & Fire Insurance Bank

Supreme Court of Georgia

Decided July 15, 1855No. 69Published

Assumpsit, &c. in Lee Superior Court. Tried before Judge' Worrell, December Adjourned Term, 1855. 'The plaintiff in error was sued as indorser upon the following note: $1,100. On the first day of January, 1852, I promise to pay Griffiin Smith or order, eleven hundred dollars, with interest from date, at the agency of The Marine & Eire Insurance Bank at Macon, for value received. This 4th January, 1851. JNO.

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Assumpsit, &c. in Lee Superior Court. Tried before Judge' Worrell, December Adjourned Term, 1855. 'The plaintiff in error was sued as indorser upon the following note: $1,100. On the first day of January, 1852, I promise to pay Griffiin Smith or order, eleven hundred dollars, with interest from date, at the agency of The Marine & Eire Insurance Bank at Macon, for value received. This 4th January, 1851. JNO. S. SUDDETH Indorsed by Smith to Butler ; and by Butler to J. Olm-stead, Cashier. On the appeal, plaintiff’s Counsel moved to strike out the plea of defendant, that he had never received…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] In Beckwith and another vs. Carlton & Co. (14 Ga. Rep. 691) this Court held, that in order to charge the indorser of a note, payable at.the agency of one of the chartered *518banks of this State, a demand and notice were necessary. This case comes fully within that decision. And instead of favoring the banks, the very contrary is true. It is for the protection of indorsers.

Settle the rule, that the Act of 1826, requiring demand and notice on bankable paper, does not apply to notes payable at an agency, and every chartered bank in the State that…

2Cases cited1 opinion

  1. Beckwith v. Carleton & Co.Supreme Court of Georgia · 1854

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