Legal Opinion

Knight Co. v. Calhoun

Court of Appeals of Georgia

Decided December 19, 1924No. 15837PublishedCited by 1 opinion

1Opinion of the CourtBell, J.

1. Where, without consideration, the payee of a draft indorses it over to another, who thereafter sues him on the indorsement, the want of consideration for the indorsement is a good defense. Each indorsement is a new contract, and, like other contracts, must be supported by a consideration. Cox v. Adams, 2 Ga. 158 (3); Civil Code (1910), § 4261.

2. While a consideration need not necessarily be a benefit accruing to the promisor (Civil Code of 1910, § 4242), and “if there be a valid consideration for the promise, it matters not from whom it is moved” (Civil Code of 1910, § 4249), and while the…

2Cases cited4 opinions

  1. Cox v. AdamsSupreme Court of Georgia · 1847
  2. Mackin v. BlalockSupreme Court of Georgia · 1909
  3. Stewart v. HardinCourt of Appeals of Georgia · 1919
  4. Mimbs v. Stephens Hardware Co.Court of Appeals of Georgia · 1918

3Cited by1 opinion

  1. Baggs-Langford Motor Co. v. Moore & SonCourt of Appeals of Georgia · 1927

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