Hollingshead v. American National Bank
Supreme Court of Georgia
Complaint on. note. Before Judge Hart. Baldwin superior court. January term, 1897. The American National Bank of Macon sued the Milledgeville Oil and Fertilizer Co. as maker, and Hollingshead and others as indorsers (they appearing to be sureties by indorsement), upon a promissory note, and pending the suit the securities, except Hollingshead, paid off and discharged the note in the hands of the bank; and the suit proceeded for the use of the paying sureties, for the purpose…
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Complaint on. note. Before Judge Hart. Baldwin superior court. January term, 1897. The American National Bank of Macon sued the Milledgeville Oil and Fertilizer Co. as maker, and Hollingshead and others as indorsers (they appearing to be sureties by indorsement), upon a promissory note, and pending the suit the securities, except Hollingshead, paid off and discharged the note in the hands of the bank; and the suit proceeded for the use of the paying sureties, for the purpose of requiring Hollingshead to contribute his portion of the liability. The court directed a verdict against him, and…
1Opinion of the CourtLewis, J.
It appears from the record in this case that the pleas relied upon by the defendant were, first, fraud perpetrated upon him in the procurement of his indorsement on the note; and second, want of consideration. The plea sets forth that one of the coindorsers or sureties on the note brought the same to the defendant for the purpose of obtaining his indorsement thereon; that he (defendant) did not read the note, and that he was under the impression it was for another debt of the company, on account of a previous agreement entered into by the directors of the company which was the maker of the…
2Cited by14 opinions
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- Barco v. TaylorCourt of Appeals of Georgia · 1908
- Friedland v. Citizens & Southern South DeKalb BankCourt of Appeals of Georgia · 1975
- Haymans v. BennettCourt of Appeals of Georgia · 1922
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