Lunceford v. Nunnally

(After stating the foregoing facts.) It is contended by the defendant that the plaintiff, who was not the payee of the note sued on, could not maintain a suit on the note in his own name unless it appeared from the petition, or from the copy of the note sued on which was attached as an exhibit to the petition, that there had been a written indorsement, transfer, or assignment of the note to the plaintiff, and that therefore the court should have dismissed the petition. The defendant bases his contention on Allen v. Commercial Credit Co., 155 Ga. 545 (117 S. E. 650), in which the Supreme Court…