Baskins v. Valdosta Bank & Trust Co.
Court of Appeals of Georgia
Complaint, ■ from city court of Nashville — Judge Peeples. October 15, 1908. The Valdosta Bank and Trust Company sued Baskins on a promissory note made'by him, payable to Roberts & Jones or order, and indorsed by that firm. The indorsement was not dated. The suit claimed attorney’s fees, reciting that the statutory notice had been given.
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Complaint, ■ from city court of Nashville — Judge Peeples. October 15, 1908. The Valdosta Bank and Trust Company sued Baskins on a promissory note made'by him, payable to Roberts & Jones or order, and indorsed by that firm. The indorsement was not dated. The suit claimed attorney’s fees, reciting that the statutory notice had been given. The defendant pleaded, that the bank was not a purchaser for value without notice, that the consideration of the note had failed, and denied liability for attorney’s fees. After the evidence was closed, the judge directed a verdict for the plaintiff ; and the…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. The indorsement of the note being undated,' there is a presumption that-it was entered before the maturity of the note; and the burden of proving the contrary was on the defendant. Parr v. Erickson, 115 Ga. 873 (42 S. E. 240) ; Walters v. Palmer, 110 Ga. 776 (36 S. E. 79).
2. Proof that the note was in the possession of the original *601holders a short while prior to maturity does not carry the burden resting on the defendant of showing that the undated indorsement •was made after maturity. Haug v. Riley, 101 Ga. 372 (29 S. E. 44, 40 L. R. A. 244).
3. Mr.…
2Cases cited4 opinions
- Haug v. RileySupreme Court of Georgia · 1897
- Parr v. EricksonSupreme Court of Georgia · 1902
- Taylor v. FelderCourt of Appeals of Georgia · 1907
- Walters v. PalmerSupreme Court of Georgia · 1900
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- George P. Tobler v. Yoder & Frey Auctioneers, Inc., Cross-Appellee, Chemical Bank, Intervenor-Appellee Cross-AppellantCourt of Appeals for the Fifth Circuit · 1980
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