Porter v. Holmes
Supreme Court of Georgia
Complaint. Before Judge Hodnett. City court of Carrollton. August 27, 1904. This was a suit upon a promissory note for the first premium due on a policy of life-insurance. The note was signed by J. W. Holmes and was payable to E. H. Wyatt, or order, and endorsed in blank by the payee. The plaintiff alleged that he was a purchaser of the note, for value and before maturity, from the payee.
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Complaint. Before Judge Hodnett. City court of Carrollton. August 27, 1904. This was a suit upon a promissory note for the first premium due on a policy of life-insurance. The note was signed by J. W. Holmes and was payable to E. H. Wyatt, or order, and endorsed in blank by the payee. The plaintiff alleged that he was a purchaser of the note, for value and before maturity, from the payee. The defendant denied that the plaintiff was a bona fide holder for value before maturity, and averred that the note was without consideration ; that- it was given in contemplation of its being accepted by…
1Opinion of the CourtEvans, J.
(After stating the foregoing facts.) 1. On the call of the case in this court, a motion was made to dismiss the writ of error, because it did not affirmatively appear there was any service of the bill of exceptions on the defendant or his counsel after the signing of the certificate by the presiding judge. The certificate to the bill * of exceptions was not dated. Due and legal service of the bill of exceptions was acknowledged by the defendant’s attorney on September 5, 1904, and it was on that date filed in the clerk’s office. The bill of exceptions recited that the judgment overruling the…
2Cases cited8 opinions
- Calhoun v. CawleySupreme Court of Georgia · 1898
- Shedden v. HeardSupreme Court of Georgia · 1900
- Bush v. KeatonSupreme Court of Georgia · 1880
- Cowart v. PageSupreme Court of Georgia · 1877
- Vickers & Burkhalter v. SandersSupreme Court of Georgia · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McCain v. BonnerSupreme Court of Georgia · 1905
- American Alliance Insurance Co. v. PyleCourt of Appeals of Georgia · 1940
- Bailey & Carney Buggy Co. v. GuthrieCourt of Appeals of Georgia · 1907
- Barwick v. WindSupreme Court of Georgia · 1948
- Collins v. SmithCourt of Appeals of Georgia · 1910
3 more not listed; retrieve them via the Exa API.