Hanesley v. National Park Bank
Supreme Court of Georgia
Equitable petition. Before Judge Littlejohn. Sumter superior court. August 4, 1916. J. J. Hanesley brought suit against the National Park Bank, of New York, to enjoin it from suing him in the city court of Americus on notes given by him to the Americus National Bank and indorsed by that bank as collateral to the National Park Bank.
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Equitable petition. Before Judge Littlejohn. Sumter superior court. August 4, 1916. J. J. Hanesley brought suit against the National Park Bank, of New York, to enjoin it from suing him in the city court of Americus on notes given by him to the Americus National Bank and indorsed by that bank as collateral to the National Park Bank. He alleged as follows: On December 31, 1913, being a customer of the Americus National Bank, he inquired of the assistant cashier as to the balance to his credit, and was informed that he had nothing to his credit. Plaintiff contended he should have a considerable…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) The plaintiff seeks to enjoin the New York bank from instituting, in the *99city court of Americus, a suit on a note given by him to the Americus bank and hypothecated by that bank, on the grounds: (1) that the indorsement of his note by the Americus bank to the New York bank was done with a rubber stamp, which is not an indorsement in writing within the purview of the doctrine that the holder of a note payable to order, as collateral, is not such a bona fide holder for value as to be protected against equities and against set-off by the maker, unless the…
2Cases cited5 opinions
- Union Bank of Georgetown v. LairdSupreme Court of the United States · 1817
- House v. OliverSupreme Court of Georgia · 1905
- Harrell v. National Bank of CommerceSupreme Court of Georgia · 1907
- Carter v. NealSupreme Court of Georgia · 1858
- Green, Tracy & Co. v. IngramSupreme Court of Georgia · 1854
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- Moncrief Furnace Co. v. Northwest Atlanta BankSupreme Court of Georgia · 1942
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