Paris v. Moe
Supreme Court of Georgia
Negotiable instruments. Payment. Principal and agent. New trial. Evidence. Before Judge McCutciien. Dade Superior Court. March Term, 1S77. Moe, as administrator of Nicklin, brought complaint on the following note: “$300.00. “ Ciiattanoo&a, July 30, 1867. Sixty days after date we promise to pay to the order of A. F. Dunleavy, agent S. W. N., three hundred dollars, for value received, with interest from date. “ Signed ; P. W. Harris, Thomas Blanchard.
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Negotiable instruments. Payment. Principal and agent. New trial. Evidence. Before Judge McCutciien. Dade Superior Court. March Term, 1S77. Moe, as administrator of Nicklin, brought complaint on the following note: “$300.00. “ Ciiattanoo&a, July 30, 1867. Sixty days after date we promise to pay to the order of A. F. Dunleavy, agent S. W. N., three hundred dollars, for value received, with interest from date. “ Signed ; P. W. Harris, Thomas Blanchard. R. M. Paris, R. H. Tatum.” Indorsed: “ A. F. Dunleavy, Agent.” Only two of the makers, to-wit; Paris and Tatum, were served. They pleaded…
1Opinion of the Court
Bleckley, Judge.
1. The possession of the note by the plaintiff, and its production at the trial, the note being negotiable, and indorsed in blank by the payee, was prima facie evidence of ownership, and of purchase for value, before maturity, and without notice of any defense. Payment made to the payee .would be no discharge unless the payee had possession of the note at the time, or was then the owner of it, or, for some other reason, had a right to receive the money. The burden of proving his right or authority must rest on the defendants.
2. The payee was an agent, and though payment may…
2Cases cited1 opinion
- Howard & Soule v. RiceSupreme Court of Georgia · 1875
3Cited by12 opinions
- Haug v. RileySupreme Court of Georgia · 1897
- Jones v. Dannenberg Co.Supreme Court of Georgia · 1900
- Long Creek Building Ass'n v. State InsuranceOregon Supreme Court · 1896
- Walters v. PalmerSupreme Court of Georgia · 1900
- Ennor v. HodsonIllinois Supreme Court · 1890
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