Cunningham v. National Bank
Supreme Court of Georgia
Futures. Contracts. Gaming., Public Policy. Promissory Notes. Before Judge Boney. Bichmond Superior Court. October Adjourned Term, 1882. The National Bank of Augusta brought complaint against Cunningham on a promissory note for $3,500 due twelve months after date, by defendant, to Warren, Wallace & Company, or order, and indorsed by them. Defendant filed the pleas set out in the decision, which were stricken on demurrer, leaving only the plea of the general issue of file.
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Futures. Contracts. Gaming., Public Policy. Promissory Notes. Before Judge Boney. Bichmond Superior Court. October Adjourned Term, 1882. The National Bank of Augusta brought complaint against Cunningham on a promissory note for $3,500 due twelve months after date, by defendant, to Warren, Wallace & Company, or order, and indorsed by them. Defendant filed the pleas set out in the decision, which were stricken on demurrer, leaving only the plea of the general issue of file. A verdict was rendered for the plaintiff, and defendant excepted.
1Opinion of the Court
Blandkord, Justice.
The bank sued Oanningham on a promissory hote, to which action the defendant pleaded, in substance, that the note was given to Warren, Wallace & Co., the payees, to make good and pay any losses that might accrue in a certain wagering, gambling, immoral and illegal contract for the purchase of certaizi cotton, with the izitention azid understanding by both parties that the cottozi was not to be delivered to, or received by, defendant; that there was to'he a settlement at a future day, whezi the defezidant was to receive or pay the différezice between the contract price and…
2Cases cited12 opinions
- J. B. Lyon & Co. v. Culbertson, Blair & Co.Illinois Supreme Court · 1876
- Barnard v. BackhausWisconsin Supreme Court · 1881
- Gregory v. WendellMichigan Supreme Court · 1878
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1877
- Sampson v. ShawMassachusetts Supreme Judicial Court · 1869
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3Cited by23 opinions
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- Anderson v. StateCourt of Appeals of Georgia · 1907
- Singleton v. Bank of MonticelloSupreme Court of Georgia · 1901
- National Bank v. CunninghamSupreme Court of Georgia · 1886
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