Legal Opinion

Rheney v. Anderson

Court of Appeals of Georgia

Decided June 12, 1918No. 9075, 9093PublishedCited by 31 opinions

Complaint; from Richmond superior court—Judge H. C. Hammond. July 14, 1917.

1Opinion of the CourtLuke, J.

1. Where a negotiable promissory note purports to have been given -“for value received,” and suit is brought thereon by the payee, the maker may plead, and prove by parol, that the note was executeá without consideration as between the parties, and for the sole purpose of enabling the payee to indorse 'it to a third person as collateral security for a debt which the payee desired to contract and which he promised to pay without assistance from the maker of the note. Such a note is a mere accommodation paper, and, while in the hands of the person to be accommodated, is without consideration…

2Cases cited5 opinions

  1. Chicago Title & Trust Co. v. BradySupreme Court of Missouri · 1901
  2. Farrar v. Bank of New YorkSupreme Court of Georgia · 1892
  3. Brown v. SmedleyMichigan Supreme Court · 1904
  4. Hall v. Capital BankSupreme Court of Georgia · 1883
  5. Smith v. Downing Co.Court of Appeals of Georgia · 1918

3Cited by31 opinions

  1. McCann v. Glynn Lumber CompanySupreme Court of Georgia · 1945
  2. Guffin v. KellySupreme Court of Georgia · 1941
  3. Ramsey-Fender Motor Co. v. ChapmanCourt of Appeals of Georgia · 1932
  4. Gilleland v. WelchSupreme Court of Georgia · 1945
  5. Watkins v. WoodberyCourt of Appeals of Georgia · 1919

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