Detwiler v. Bainbridge Grocery Co.
Supreme Court of Georgia
Petition for injunction. Before Judge Spence. Decatur superior court. February 3, 1904. Mrs. Detwiler brought her equitable petition against the Bainbridge Grocery Company, alleging that her husband, who was insolvent, was indebted to the defendant in an amount which he was unable to pay; that he and the company entered into an agreement by which he was to sell his stock of goods to the company for the amount of his indebtedness; that the company should at once sell the…
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Petition for injunction. Before Judge Spence. Decatur superior court. February 3, 1904. Mrs. Detwiler brought her equitable petition against the Bainbridge Grocery Company, alleging that her husband, who was insolvent, was indebted to the defendant in an amount which he was unable to pay; that he and the company entered into an agreement by which he was to sell his stock of goods to the company for the amount of his indebtedness; that the company should at once sell the property to her for the same amount and take her notes therefor, secured by real estate belonging to her; that this was a…
1Opinion of the CourtLamar, J.
Where one has a perfect defense to a negotiable note, he does not owe the sum represented thereby. In spite of the written promise it is the mere equivalent of a piece of blank paper. If it is fraudulently or improperly transferred to one who, because of a right granted to bona fide holders, may force the maker to pay what he does not owe, there is wrong followed by damage, which gives rise to a right of action. Compare Civil Code, *983§§ 3909, 3813, 4929. It has therefore been repeatedly recognized ■that if one wrongfully transfers a negotiable note, under circumstances which cut off the maker…
2Cases cited3 opinions
- Jones v. CrawfordSupreme Court of Georgia · 1899
- Zeigler v. BeasleySupreme Court of Georgia · 1871
- Wilcox v. RyalsSupreme Court of Georgia · 1899
3Cited by7 opinions
- Burns v. HaleSupreme Court of Georgia · 1926
- Patterson & Co. v. PetersonCourt of Appeals of Georgia · 1915
- Silliman v. DobnerSupreme Court of Minnesota · 1925
- Koepke v. PeperSupreme Court of Iowa · 1912
- Howser Bros. v. TonsonSupreme Court of Georgia · 1923
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