Taylor v. Felder
Court of Appeals of Georgia
Attachment from city court of Americus — -Judge Crisp. August 7, 1907. Taylor sued Felder a,s the surviving partner of the firm of W. A. Mathews & Compaq, upon a note executed 'by Mathews, the deceased partner, in the firm name, to the Piedmont Loan & Banking Company and duly transferred to the plaintiff. The jury returned a verdict for the defendant.
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Attachment from city court of Americus — -Judge Crisp. August 7, 1907. Taylor sued Felder a,s the surviving partner of the firm of W. A. Mathews & Compaq, upon a note executed 'by Mathews, the deceased partner, in the firm name, to the Piedmont Loan & Banking Company and duly transferred to the plaintiff. The jury returned a verdict for the defendant. In overruling a motion for a new trial filed by the plaintiff the trial judge states the case as follows: “On or about 1st day of August, 1897, W. A. Mathews and Thomas J. Felder entered into a copartnership in parol, which partnership continued…
1Opinion of the CourtPowell, J.
1. The soundness of the proposition that notice do Mathews would be notice to the 'bank depends upon whethef Mathews represented the bank in making the particular transaction. Primarily it will be presumed that although he had general authority to make loans and to discount commercial paper in behalf of the bank, he did not so act in making a loan to or discounting a note for a partnership in which he was interested; for however great an agent’s authority to make such negotiations with other persons may., be, it is prima facie a violation of duty that he should serve his master and himself at…
2Cases cited17 opinions
- Todd v. German American InsuranceCourt of Appeals of Georgia · 1907
- Morris v. Georgia Loan, Savings & Banking Co.Supreme Court of Georgia · 1899
- Sibley v. American Exchange National BankSupreme Court of Georgia · 1895
- Brobston v. PennimanSupreme Court of Georgia · 1895
- Fouche & Fouche v. Merchants National BankSupreme Court of Georgia · 1900
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Munroe v. HarrimanCourt of Appeals for the Second Circuit · 1936
- Hartford Accident & Indemnity Company v. HartleyDistrict Court, M.D. Georgia · 1967
- Baskins v. Valdosta Bank & Trust Co.Court of Appeals of Georgia · 1909
- Wallis v. HeardCourt of Appeals of Georgia · 1915
- Union City Realty & Trust Co. v. WrightSupreme Court of Georgia · 1916
7 more not listed; retrieve them via the Exa API.