Whitten v. Railway Postal Clerks Investment Ass'n
Court of Appeals of Georgia
Complaint; from municipal court of Atlanta. November 19, 1914. The petition alleges, in substance, that on August 21, 1911, W¡ J. Greene, now a resident of parts unknown, sold to petitioner a parcel of land on Mathews avenue in Kirkwood, DeKalb county, Georgia, known as lot 22 (further described), and executed and delivered to petitioner his bond for title, agreeing to convey the said property to petitioner on payment of $450 in accordance with the terms of the bond, and…
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Complaint; from municipal court of Atlanta. November 19, 1914. The petition alleges, in substance, that on August 21, 1911, W¡ J. Greene, now a resident of parts unknown, sold to petitioner a parcel of land on Mathews avenue in Kirkwood, DeKalb county, Georgia, known as lot 22 (further described), and executed and delivered to petitioner his bond for title, agreeing to convey the said property to petitioner on payment of $450 in accordance with the terms of the bond, and petitioner executed and delivered to the said Greene 35 promissory notes for $10 each and interest at 7 per cent, from date…
1Opinion of the CourtRussell, C. J.
1. According to the allegations of the petition, the defendant was presumptively the bona fide holder of the notes before their maturity, and therefore was not chargeable with the failure of the consideration of the notes.
2. That the consideration of a promissory note otherwise negotiable is expressed in the note does not affect its negotiability, unless the consideration so expressed is a gambling, immoral, or illegal consideration. “A knowledge of the consideration of a negotiable promissory note by a purchaser thereof, for value and before maturity, is not sufficient to *685charge him with…
2Cases cited1 opinion
- Hudson v. BestSupreme Court of Georgia · 1898
3Cited by2 opinions
- Colson & Sons v. EllisCourt of Appeals of Georgia · 1930
- Prater v. BaughmanCourt of Appeals of Georgia · 1919