Camp v. Simmons
Supreme Court of Georgia
Negotiable instruments. Indorsement. Principal and security. Contribution. Evidence. Before Judge Rice. Gwinnett Superior Court. March Term, 1878. An execution in favor of the executors of William Maltbie, proceeding for the use of -Merit Camp, against the Gwinnett Manufacturing Company as principal, and Enoch Steadman, Merit Camp, and James P. Simmons as indorsers, was levied upon certain land as the property of the defendant Simmons.
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Negotiable instruments. Indorsement. Principal and security. Contribution. Evidence. Before Judge Rice. Gwinnett Superior Court. March Term, 1878. An execution in favor of the executors of William Maltbie, proceeding for the use of -Merit Camp, against the Gwinnett Manufacturing Company as principal, and Enoch Steadman, Merit Camp, and James P. Simmons as indorsers, was levied upon certain land as the property of the defendant Simmons. He filed an affidavit of illegality substantially as follows: 1st. Because the execution was issued against the Gwinnett Manufacturing Company as principal,…
1Opinion of the Court
Bleckley, Justice.
A sight draft, drawn and accepted by a corporation (the corporation drawing by an agent, and accepting by its treasurer), bearing date January 22d, 1862, payable to the order of Maltbie, and indorsed in blank, before delivery, by the said agent and the said treasurer, each individually, and by Camp next, and last by Simmons, was given for money loaned by the payee to the corporation. The object of the transaction was to secure the payee for the loan of the money. He was not expected to indorse the draft so as to take the position of first indorser, he never did indorse it,…
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