Hogan v. Moore
Supreme Court of Georgia
Promissory notes. Duress. Before Judge Green. Pike Superior Court. October Term, 1871. Jefferson Hogan brought complaint against David H. Moore, principal, and John A. Jackson and Thompson Graham, securities, on a note made by said defendants on September 22d, 1865, payable twelve months after the date thereof to J. B. Stafford, or bearer, for $604 55. On the note were the following entries: “.For value received, I indorse the within note, not liable in the first instance.
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Promissory notes. Duress. Before Judge Green. Pike Superior Court. October Term, 1871. Jefferson Hogan brought complaint against David H. Moore, principal, and John A. Jackson and Thompson Graham, securities, on a note made by said defendants on September 22d, 1865, payable twelve months after the date thereof to J. B. Stafford, or bearer, for $604 55. On the note were the following entries: “.For value received, I indorse the within note, not liable in the first instance. October 3d, 1866. (Signed) . “J. F. Hanson." “Received on the within note $200 00 from J. A. Jackson, per E. M. Amos.…
1Opinion of the Court
TrippE, Judge.
It was held by this Court in Robinson vs. Vason et al., 37 *124Georgia, 66, that “Fraud in the procurement of a note, as specified in the Revised Code, means fraud in the procurement by the holder thereof.” There may be an innocent holder of a note which was procured by the payee from the maker by fraud, as well as in other cases. Such a holder may transfer the note after dishonor, and his transferree’s title will be as good as his own. In this ease the note was transferred twice, first to Hanson and afterwards by Hanson to Hogan, the plaintiff. If Hanson obtained the note before…
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