Legal Opinion

Kirby v. Johnson County Sayings Bank

Court of Appeals of Georgia

Decided January 22, 1913No. 4508PublishedCited by 4 opinions

Complaint; from city court of Carrollton—Judge Beall. September 28, 1912.

1Opinion of the CourtHill, C. J.

1. The trial judge did not abuse his discretion in refusing to postpone the trial of the case on account of the absence of counsel, who was engaged in a trial in another circuit, and who was absent without . leave. Continuances or postponements on such grounds are not favored. Kennedy v. Dukes, 137 Ga. 209 (73 S. E. 400).

2. “The holder of a note is presumed to be such bona fide, and for value.” ..Civil Code (1910), § 4288.

3. The note sued on by the holder as indorsee was made payable to the order of Inter-State Manufacturing Company, and on the back of it was the following indorsement: “Pay…

2Cases cited4 opinions

  1. McClendon & Co. v. Hernando Phosphate Co.Supreme Court of Georgia · 1897
  2. Sheffield v. Johnson County Savings BankCourt of Appeals of Georgia · 1907
  3. Kennedy v. DukesSupreme Court of Georgia · 1911
  4. Cedar Rapids National Bank v. BeckhamCourt of Appeals of Georgia · 1909

3Cited by4 opinions

  1. Steve A. Martin Agency, Inc. v. PlantersFIRST Corp.Court of Appeals of Georgia · 2009
  2. Home Finance Co. v. United Motor SalesCourt of Appeals of Georgia · 1955
  3. Williams v. ColleSupreme Court of Alabama · 1965
  4. Mayfair v. Citizens National BankCourt of Appeals of Georgia · 1931

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