Knight Co. v. Calhoun
Court of Appeals of Georgia
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
- Cox v. AdamsSupreme Court of Georgia · 1847
- Mackin v. BlalockSupreme Court of Georgia · 1909
- Stewart v. HardinCourt of Appeals of Georgia · 1919
- Mimbs v. Stephens Hardware Co.Court of Appeals of Georgia · 1918
3Cited by1 opinion
- Baggs-Langford Motor Co. v. Moore & SonCourt of Appeals of Georgia · 1927