Daniels v. Kyle & Barnett
Supreme Court of Georgia
This was an action of assumpsit, tried before Judge Alexander in the Superior Court ,of the county of Muscogee, at May Term, 1846. It was predicated upon a banker’s check, drawn by the defendants, Kyle and Barnett, npon the bank of Columbus, for $524, in favor of L. Gambrill or order, and was endorsed by him to the plaintiff.
Read the full summary
This was an action of assumpsit, tried before Judge Alexander in the Superior Court ,of the county of Muscogee, at May Term, 1846. It was predicated upon a banker’s check, drawn by the defendants, Kyle and Barnett, npon the bank of Columbus, for $524, in favor of L. Gambrill or order, and was endorsed by him to the plaintiff. The cheek hore date the 15th day of Jan. 1842, and was not presented for payment, or notice given the drawers of the non-payment, until the 15th day of April thereafterwards. At the trial term, after the case was called for trial, the court below permitted the…
1Opinion of the Court
By the Court
Nisbet, Judge.
This was an action in favor of an endorsee of a check drawn by the defendants upon tho bank of Columbus. Demand and notice to the drawers were proven to have been made, three months after date of the chock. A motion was made by defendants’ counsel for a nonsuit, upon the ground that the plaintiff had not proven presentation for payment, and notice to the drawers, within reasonable time ? Upon this motion, a nonsuit was awarded, and thereupon error is assigned. The only question for us to determine is, whether the drawer of a banker’s chock is entitled to demand and…
2Cases cited3 opinions
- Mohawk Bank v. Broderick & PowellNew York Supreme Court · 1833
- Cromwell v. LovettThe Superior Court of New York City · 1828
- Gough v. StaatsNew York Supreme Court · 1835
3Cited by12 opinions
- Comer v. DufourSupreme Court of Georgia · 1895
- Anderson v. RodgersSupreme Court of Kansas · 1894
- Purcell v. Armour Packing Co.Court of Appeals of Georgia · 1908
- Stevens v. ParkIllinois Supreme Court · 1874
- Merritt v. Gate City National BankSupreme Court of Georgia · 1897
7 more not listed; retrieve them via the Exa API.