Simmons v. Council
Court of Appeals of Georgia
Complaint, from city court of Americus — Judge Crisp. April 27, 1908. Council brought suit against Simmons on eight promissory notes," •signed by tbe defendant, payable to the order of T. E. Cohn, and .indorsed by Cohn, each for $20 and due thirty days after date.
Read the full summary
Complaint, from city court of Americus — Judge Crisp. April 27, 1908. Council brought suit against Simmons on eight promissory notes," •signed by tbe defendant, payable to the order of T. E. Cohn, and .indorsed by Cohn, each for $20 and due thirty days after date. The following is a copy of one of the notes: “$20.00. January 1st, 1906. 30 days after date, I promise to pay to. the order of 'T. E. Cohn twenty dollars, at Americus, Georgia Yalue received, dor store rent at 205 Cotton Avenue. W. S. Due February 1st, 1906. [Signed] J. J. Simmons.” Indorsed: T. E. Cohn. All the other notes are the…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
There can be no doubt that the direction of the verdict for the plaintiff for the amount of the notes, with interest, was proper. The facts alleged and proved by the defendant constituted no valid defense whatever. Indeed, we think the judge would not have committed error in sustaining the demurrer to the plea. The notes sued upon were negotiable instruments, payable at a future date; they were indorsed by the payee to the plaintiff; and the law will presume, without more, that the plaintiff took them before maturity and for value, and without notice of any…
2Cases cited10 opinions
- Howard v. SimpkinsSupreme Court of Georgia · 1883
- Sheffield v. Johnson County Savings BankCourt of Appeals of Georgia · 1907
- Hudson v. BestSupreme Court of Georgia · 1898
- Parr v. EricksonSupreme Court of Georgia · 1902
- Bank of Commerce v. Barrett, Carter & Co.Supreme Court of Georgia · 1868
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Colson & Sons v. EllisCourt of Appeals of Georgia · 1930
- Stubbs v. Fourth National BankCourt of Appeals of Georgia · 1913
- Brooks v. FloydCourt of Appeals of Georgia · 1913
- Florence v. Commercial BankCourt of Appeals of Georgia · 1925
- Citizens Bank v. GreeneCourt of Appeals of Georgia · 1912
6 more not listed; retrieve them via the Exa API.