Leitner v. Miller
Supreme Court of Georgia
Husband and wife. Promissory notes. Indorsement. Pleading. Presumption. L. H. Miller brought complaint against Charles B. Leitner, as principal, and Sarah A. Leitner, as indorser, on the following note: “$150^00 Macon, Georgia, August 29th, 1866. “ Sixty days after date, I promise to pay S. A. Leitner, or bearer, one hundred and fifty dollars, at Nutting, Powell & Company's office, in Macon Georgia. Value received. Interest from date. (Signed) “C. B. LEITNEE.” Indorsed.
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Husband and wife. Promissory notes. Indorsement. Pleading. Presumption. L. H. Miller brought complaint against Charles B. Leitner, as principal, and Sarah A. Leitner, as indorser, on the following note: “$150^00 Macon, Georgia, August 29th, 1866. “ Sixty days after date, I promise to pay S. A. Leitner, or bearer, one hundred and fifty dollars, at Nutting, Powell & Company's office, in Macon Georgia. Value received. Interest from date. (Signed) “C. B. LEITNEE.” Indorsed. “S. A. Leitner. “ J. V. H. Allen, Treasurer. “L. H. Miller. “Pay I. C. Plant, or order, for collection." The defendant Sarah…
1Opinion of the Court
Teippe, Judge.
1. The note was executed in March, 1866, payable to Sarah A. Leitner, or bearer.' It was indorsed in blank by S. A. Leitner. Both maker and indorser were sued, but the action was dismissed as to the indorser. If she was not legally competent to make the indorsement, then plaintiff’s right of action as bearer was good, so far as the facts of the case show. It was not proven that the plaintiff knew that the payee was the wife of the maker, nor was it so pleaded, nor even that he knew she was a married woman, or that he knew the note was made for accommodation. Moreover, it appears…
2Cited by4 opinions
- Bomar v. Equitable Mortgage Co.Supreme Court of Georgia · 1900
- Bell v. WhitestoneCourt of Appeals of Georgia · 1916
- Bolton v. DuncanSupreme Court of Georgia · 1878
- Earley v. Servwell Sales Corp.Court of Appeals of Georgia · 1929