Planters' & Mechanics' Bank v. Erwin
Supreme Court of Georgia
Assumpsit, in Whitfield Superior Court. Tried before Judge Warner, at the April Term, i860. This was an action brought by John Erwin, to recover the sum of one hundred and twenty-five dollars, due on thirty-four bank notes, dated Dalton, July 1st, 1855, and purporting to be the notes of the Planters’ & Mechanics’ Bank of Dalton. The notes were signed by S. C. Hull, as vice-president, and countersigned by M. Hobart, as assistant cashier.
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Assumpsit, in Whitfield Superior Court. Tried before Judge Warner, at the April Term, i860. This was an action brought by John Erwin, to recover the sum of one hundred and twenty-five dollars, due on thirty-four bank notes, dated Dalton, July 1st, 1855, and purporting to be the notes of the Planters’ & Mechanics’ Bank of Dalton. The notes were signed by S. C. Hull, as vice-president, and countersigned by M. Hobart, as assistant cashier. To this action the Planters’ & Mechanics’ Bank of Dalton, pleaded: That the notes sued on were not its act and deed; that it never authorized S-. C. Hull and…
1Opinion of the Court
By the Cotirt. —
Lumpkin, J.,
delivering the opinion.
We think the Court erred in charging the jury, that the presumption of law was, that the alteration in the order on the Minutes of the bank-book was made at the time the order was entered. The order was written on the Minutes in the handwriting of James Morris. The insertion of different names from those contained in the original order, was in the handwriting of Kibbie, who is charged with having perpe*376trated the forgery. The plea of non est factum was filed by the directors; and the Court should have presumed nothing— for in such case the law…
2Cases cited1 opinion
- Printup v. MitchellSupreme Court of Georgia · 1855
3Cited by7 opinions
- Thompson v. KelseyCourt of Appeals of Georgia · 1910
- Thrasher v. AndersonSupreme Court of Georgia · 1872
- Winkles v. Guenther & Co.Supreme Court of Georgia · 1896
- Dobbins v. Etowah Manufacturing, Co.Supreme Court of Georgia · 1886
- American Surety Co. v. Citizens BankCourt of Appeals of Georgia · 1934
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