Calhoun & Beddingfield v. Manufacturers' Bank
Supreme Court of Georgia
Assumpsit, &c. Tried before Judge Cole. Bibb Superior Court. November Term, 1867. Calhoun & Beddingfield drew their bill of exchange or special draft as follows : “Macon, Ga., November 3d, 1860. Marks : h Fifteen days after date, pay to the order of S. J. E. — 28 the Manufacturers’ Bank of Macon, eight C. C. 63 thousand five hundred and thirty-three dolW. O. L. 25 lars and forty cents, for value received.
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Assumpsit, &c. Tried before Judge Cole. Bibb Superior Court. November Term, 1867. Calhoun & Beddingfield drew their bill of exchange or special draft as follows : “Macon, Ga., November 3d, 1860. Marks : h Fifteen days after date, pay to the order of S. J. E. — 28 the Manufacturers’ Bank of Macon, eight C. C. 63 thousand five hundred and thirty-three dolW. O. L. 25 lars and forty cents, for value received. This J. F. 56 draft is drawn against 172 bales of cotton, - marked as per margin, the title to which is 172 J hex’eby conveyed to said Bank, and which I consign to you, subject to the…
1Opinion of the CourtWalker, J.
The Court did not correctly construe the contract sued on in this case. It is true that Calhoun & Beddingfield were the only defendants, but the question of their liability may depend upon what transpired between the Bank and Crane & Graybill. Calhoun & Beddingfield negotiated this draft, and with the money received for it, purchased the cotton named in it. Crane & Graybill accepted the draft upon the faith of the cotton consigned to them. They were the parties primarily liable on this paper, but to meet that liability the cotton had been consigned to them for sale. Surely the Bank would not…
2Cases cited1 opinion
- Printup v. JohnsonSupreme Court of Georgia · 1855
3Cited by2 opinions
- Ware v. City BankSupreme Court of Georgia · 1877
- Manufacturers Furniture Co. v. BlumenfeldCourt of Appeals of Georgia · 1914