Legal Opinion

Davis & Brother v. Baker

Supreme Court of Georgia

Decided November 20, 1883PublishedCited by 7 opinions

Contracts. Actions. Debtor and Creditor. Parties. Negotiable Instruments. Before Judge Branham. Eloyd Superior Court. March Adjourned Term, 1883. Suit was brought on a draft by the payee, for the use of the drawers, against the acceptors, and a recovery was had.

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Contracts. Actions. Debtor and Creditor. Parties. Negotiable Instruments. Before Judge Branham. Eloyd Superior Court. March Adjourned Term, 1883. Suit was brought on a draft by the payee, for the use of the drawers, against the acceptors, and a recovery was had. Defendants moved for a new trial and to set aside the judgment, on the ground, among others, that the drawers were the substantial plaintiffs -and a recovery could not be had in this action for their benefit, the only evidence being the draft. The motion was overruled, and defendants excepted.

1Opinion of the Court

Jackson, Chief Justice.

Suit was brought by A. E. Baker, for the use of Steiner & Lobman, against A. Davis & Brother, on the following two bills of exchange;

*34“On the seventh of March, 1882, pay to the order of A. E. Baker, cashier, two hundred and twenty-four dollars and fifty-two cents, payable at Commpcial Bank, Selma, Ala., with exchange, for value re. eived, and charge the same to account of

Steineb & Lobman.

To A. Davis & Bro , Rome, Ga.”

The other was similar, except due on the 7th of April, 1882. Both were dated Pine Apple, July 20th, 1881, and accepted by A. Davis & Bro.

The sole question…

2Cases cited1 opinion

  1. Hayne v. PerrySupreme Court of Georgia · 1858

3Cited by7 opinions

  1. Haug v. RileySupreme Court of Georgia · 1897
  2. Fidelity & Deposit Co. v. NisbetSupreme Court of Georgia · 1904
  3. Cooper v. JonesSupreme Court of Georgia · 1888
  4. Tennille Banking Co. v. WardCourt of Appeals of Georgia · 1923
  5. Freeman v. Savannah Bank & Trust Co.Supreme Court of Georgia · 1892

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