Merchants' & Planters' National Bank v. Trustees of the Masonic Hall
Supreme Court of Georgia
Yerdict. Negotiable instruments. Trover. Damages. Onus probandi. Title. Charge of Court. New trial. Before Judge Pottle. Richmond Superior Court. April Adjourned Term. 1878. The Trustees of the Masonic Hall brought trover against the bank for certain negotiable coupon bonds of the cities of Selma, Atlanta and Augusta: Plaintiffs contended as follows: That Jno.
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Yerdict. Negotiable instruments. Trover. Damages. Onus probandi. Title. Charge of Court. New trial. Before Judge Pottle. Richmond Superior Court. April Adjourned Term. 1878. The Trustees of the Masonic Hall brought trover against the bank for certain negotiable coupon bonds of the cities of Selma, Atlanta and Augusta: Plaintiffs contended as follows: That Jno. D. Butt was their treasurer, and as such had these bonds in hand ; that he had them on deposit in the bank, of which he was also a director; that his firm (Butt, Boyce & Co.) needed money and the bank agreed to let them have it, taking…
1Opinion of the Court
Jackson, Justice.
1. This was an action brought to recover certain bonds which were hypothecated to the bank by John D. Butt, to secure certain debts which he owed there in partnership with others. He was treasurer of the Masonic hall, and a director of the bank ; the bonds belonged to the hall, and the case turned, in respect to the controlling question, on the point whether the bank had notice that the title was in the Masonic Hall, and not in Butt, when it took the bonds from him as collateral security for his debt. If it did not have notice, it was protected; if it did have notice, it was…
2Cases cited3 opinions
- Hoyle v. JonesSupreme Court of Georgia · 1866
- Matthews v. PoythressSupreme Court of Georgia · 1848
- Nutting v. ThomassonSupreme Court of Georgia · 1876
3Cited by11 opinions
- Powell v. StateSupreme Court of Georgia · 1897
- McLendon v. Reynolds Grocery Co.Supreme Court of Georgia · 1925
- Fidelity Trust Co. v. MaysSupreme Court of Georgia · 1914
- Church v. SwetlandCourt of Appeals for the Second Circuit · 1917
- Watson v. First State Bank of DallasTexas Commission of Appeals · 1922
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