Adams v. Hatfield
Court of Appeals of Georgia
Complaint; from city” court of Macon — Judge Hodges. February 20, 1915. Adams sued on a promissory note of Hatfield, the defendant, for $275, payable to and indorsed by Arthur C. Wilson & Company, dated May 29, 1913, and due on June 30, 1913. The defendant, in his answer, admitted the execution of the note, and the indorsement, but denied indebtedness thereon, and- denied the allegations that the note was transferred to the plaintiff for value before maturity, and that the…
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Complaint; from city” court of Macon — Judge Hodges. February 20, 1915. Adams sued on a promissory note of Hatfield, the defendant, for $275, payable to and indorsed by Arthur C. Wilson & Company, dated May 29, 1913, and due on June 30, 1913. The defendant, in his answer, admitted the execution of the note, and the indorsement, but denied indebtedness thereon, and- denied the allegations that the note was transferred to the plaintiff for value before maturity, and that the plaintiff was a bona fide purchaser and holder of the note. He further pleaded as follows: (6) The note was given by the…
1Opinion of the CourtBroyles, J.
1. The court did not err in overruling the demurrer to the answer.
2. “Where a promissory note is given contemporaneously with a written agreement between the same parties which states the consideration of the note, the two instruments constitute one contract and are to be construed together; and the maker of the note, when sued thereon by one who purchased it before maturity, for value, may plead the failure of consideration, and also that when the plaintiff purchased he knew what the consideration was and that it had failed, or had sufficient notice to put him upon inquiry which would lead…
Also in this document: Dissent.
2Cases cited18 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Burnes v. ScottSupreme Court of the United States · 1886
- McFarland v. SikesSupreme Court of Connecticut · 1886
- Heitmann v. Commercial BankCourt of Appeals of Georgia · 1909
- Moore v. Farmers' Mutual Insurance Asso.Supreme Court of Georgia · 1899
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wardlaw v. WoodruffSupreme Court of Georgia · 1932
- Loewenherz v. WeilCourt of Appeals of Georgia · 1925
- Bank of Commerce v. KnowlesCourt of Appeals of Georgia · 1921
- Kelley v. CarsonCourt of Appeals of Georgia · 1969
- Emerson v. Cousins Mortgage & Equity InvestmentsCourt of Appeals of Georgia · 1978
4 more not listed; retrieve them via the Exa API.