Setze v. First National Bank
Supreme Court of Georgia
Mortgage foreclosure. Before Judge Morris. C.obb superior court. February 10, 1912. The First National Bank of Pensacola, Florida, brought suit against Eliza P. Setze, alleging, that on the 28th day of August, 1908, Mrs. Setze executed a certain mortgage *note to C. E. Setze for the sum of $2,500, which was due on the 28th day of August, 1911, together with interest and attorney’s fees, etc., and to secure the payment of the note Mrs. Setze conveyed to the payee 'and his…
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Mortgage foreclosure. Before Judge Morris. C.obb superior court. February 10, 1912. The First National Bank of Pensacola, Florida, brought suit against Eliza P. Setze, alleging, that on the 28th day of August, 1908, Mrs. Setze executed a certain mortgage *note to C. E. Setze for the sum of $2,500, which was due on the 28th day of August, 1911, together with interest and attorney’s fees, etc., and to secure the payment of the note Mrs. Setze conveyed to the payee 'and his assigns certain described real estate; that on the 6th day of June, 1911, C. E. Setze “transferred and assigned said…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. The mortgage note sued on in this case was payable to 0. E. Setze or order. It was therefore negotiable. The petition alleges that it was transferred and assigned to the plaintiff, which brought suit against the maker to enforce it. There is no formal transfer or assignment of the note and mortgage in writing, and the question is whether the simple indorsement of the name of the payee in the note on the back thereof operates to transfer not only the note but the lien created by the mortgage to the plaintiff, which claims to be the holder for value and…
2Cases cited6 opinions
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- Berrie v. SmithSupreme Court of Georgia · 1896
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- Murray & Co. v. JonesSupreme Court of Georgia · 1873
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3Cited by16 opinions
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