Weil v. Carswell
Supreme Court of Georgia
Complaint on note. Before Judge Evans. Screven superior court. January 15, 1903. On June 22, 1893, Mrs. Carswell gave her note to Blitch & Newton or bearer, due October 15 after date. She claimed that it represented a debt of her husband. On this issue the evidence was in direct conflict. Before the note became due it was transferred by Blitch & Newton to John Flannery & Company, with other security, as collateral'for a debt due them by Blitch & Newton.
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Complaint on note. Before Judge Evans. Screven superior court. January 15, 1903. On June 22, 1893, Mrs. Carswell gave her note to Blitch & Newton or bearer, due October 15 after date. She claimed that it represented a debt of her husband. On this issue the evidence was in direct conflict. Before the note became due it was transferred by Blitch & Newton to John Flannery & Company, with other security, as collateral'for a debt due them by Blitch & Newton. The firm of Blitch & Newton was dissolved, under an arrangement by which Blitch assumed the debt to Flannery & Company. He satisfied this…
1Opinion of the CourtLamar, J.
Flannery & Company, being bona fide purchasers for value before the note was due, could have .transferred a good *875title to one with notice. Civil Code, § 3938; Hogan v. Moore, 48 Ga. 156. But under the evidence Weil was not a purchaser from them, but rather from Blitch, who had assumed- and was occupying the position of Blitch & Newton. The transfer being by him to Weil after maturity, the latter took the paper subject to all defenses which could have been urged against the original payee; and so, too, when the note again came into possession of Blitch, one of the original payees. Andrews v.…
2Cases cited1 opinion
- Hogan v. MooreSupreme Court of Georgia · 1873
3Cited by6 opinions
- Wade v. ElliottCourt of Appeals of Georgia · 1912
- Sweeney v. Taylor'sCourt of Appeals of Kentucky · 1924
- Branch v. Dublin & Laurens BankCourt of Appeals of Georgia · 1917
- Houston v. LundyCourt of Appeals of Georgia · 1932
- Josey v. GeorgeCourt of Appeals of Georgia · 1929
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