Atlanta National Bank v. Douglass
Supreme Court of Georgia
Indorsement. Principal and security. Before Judge Buchanan. Troup Superior Court. May Term, 1873. The Atlanta National Bank commenced twelve suits against Isaac Wise, as maker, and Robert O. Douglass, as indorser, on twelve notes, each for $100 00, in the justice’s court for the six hundred and fifty-fifth district. Judgments were rendered for the plaintiff, and Douglass appealed to the superior court, where the cases were consolidated.
Read the full summary
Indorsement. Principal and security. Before Judge Buchanan. Troup Superior Court. May Term, 1873. The Atlanta National Bank commenced twelve suits against Isaac Wise, as maker, and Robert O. Douglass, as indorser, on twelve notes, each for $100 00, in the justice’s court for the six hundred and fifty-fifth district. Judgments were rendered for the plaintiff, and Douglass appealed to the superior court, where the cases were consolidated. The defendant pleaded the general issue and release. The testimony presented the following facts: Wise was indebted to the plaintiff in the sum of $1,310 00…
1Opinion of the Court
McCay, Judge.
1. There is no real dispute between the parties as to the material facts upon which arises the legal question made in the record. Both sides agree that it -was part of the agreement, at the time these notes were taken, that a mortgage should be executed by "Wise to the plaintiff upon his (Wise’s) stock of goods. The plaintiff’s witness insists that this was a mere favor by him to the security, _ while the security insists that it was a sine qua non for his action, and that he would not have agreed to the arrangement at all except for this agreement. We do not think the difference…
2Cited by10 opinions
- Shutts v. . FingarNew York Court of Appeals · 1885
- Brennan v. ClarkNebraska Supreme Court · 1890
- Williams v. KennedySupreme Court of Georgia · 1910
- Charlotte, Columbia & Augusta Railroad v. GowSupreme Court of Georgia · 1877
- Auto Brokerage Co. v. Morris & Smith Auto Co.Appellate Terms of the Supreme Court of New York · 1919
5 more not listed; retrieve them via the Exa API.