Legal Opinion

McMillan v. Fourth National Bank

Court of Appeals of Georgia

Decided February 4, 1916No. 6791PublishedCited by 1 opinion

Complaint; from city court of Savannah — Judge Davis Freeman. July 10, 1915.

1Opinion of the CourtRussell, C. J.

1. Blank' indorsements of negotiable paper may be explained by parol, except as against subsequent holders for value, bona fide and without notice. Civil Code, § 5796. This rule is not confined to technical indorsements (i. e., indorsements essential to the transfer of title), but extends to indorsements in the broader sense. Atkinson v. Bennett, 103 Ga. 508 (30 S. E. 599). Nor is it confined merely to blank indorsements in the strict sense, as where the indorser writes only his name upon the negotiable instrument; it relates to all indorsements which are not full or complete. West Yellow…

2Cases cited4 opinions

  1. Atkinson v. BennetSupreme Court of Georgia · 1898
  2. Kistner v. PetersIllinois Supreme Court · 1906
  3. West Yellow Pine Co. v. KendrickCourt of Appeals of Georgia · 1911
  4. Saussy & Huxford v. WeeksSupreme Court of Georgia · 1905

3Cited by1 opinion

  1. McMillan v. Fourth National BankCourt of Appeals of Georgia · 1916

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