Roush v. First National Bank
Supreme Court of Georgia
Complaint on notes. Before Judge Ross. City court of Macon. September term, 1896. On May 12, 1896, the bank brought suit upon two promissory notes for $5,200 each, dated March 11, and October 28, 1891, the one due at one year, the other at six months, payable to J. C. Simonds, cashier, or order, at the First National Bank of Charleston, with discount before and interest after maturity, at eight per cent.
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Complaint on notes. Before Judge Ross. City court of Macon. September term, 1896. On May 12, 1896, the bank brought suit upon two promissory notes for $5,200 each, dated March 11, and October 28, 1891, the one due at one year, the other at six months, payable to J. C. Simonds, cashier, or order, at the First National Bank of Charleston, with discount before and interest after maturity, at eight per cent. Each recites, that “having deposited with said cashier one hundred and fifteen shares of Palmer Manufacturing Company stock, also collateral to another note of mine for fifteen hundred…
1Opinion of the CourtCobb, J.
The official report states the facts.
1. The action having been brought in the name of the First National Bank of Charleston upon certain promissory notes, copies of which were attached to the petition, and the notes being payable to “ J. C. Simonds, cashier, or order,” and payable at the First National Bank of Charleston, there was no error in allowing an amendment to the petition, which alleged that the payee of the notes was in fact cashier of the plaintiff, and that the notes were the property of the plaintiff. *113Civil Code, §5098; Hobbs & Tucker v. Chemical National Bank, 97 Ga. 524.
Nor was…
2Cases cited2 opinions
- Waring v. GaskillSupreme Court of Georgia · 1895
- Hobbs v. Chemical National BankSupreme Court of Georgia · 1895
3Cited by5 opinions
- Greenfield v. StoutSupreme Court of Georgia · 1905
- Lovvorn v. FavorCourt of Appeals of Georgia · 1929
- Shingler v. FurstSupreme Court of Georgia · 1933
- Sheppard v. ClarkCourt of Appeals of Georgia · 1926
- Rountree v. SimmonsCourt of Appeals of Georgia · 1937