Davies v. Byrne
Supreme Court of Georgia
Assumpsit, in Newton Superior Court. Tried before Judge Stark, September Term, 1851. This was an action of assumpsit, brought by the plaintiff in error, against the defendant in error, upon a bill of exchange, as follows: “ Covington, March 13th, 1849. Thirty days after date pay to the order of C. D. Pace, agent of the Bank of Augusta, Ga. one thousand dollars, for value received, and charge the same to your obedient servant. Richard Byrne. Messrs.
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Assumpsit, in Newton Superior Court. Tried before Judge Stark, September Term, 1851. This was an action of assumpsit, brought by the plaintiff in error, against the defendant in error, upon a bill of exchange, as follows: “ Covington, March 13th, 1849. Thirty days after date pay to the order of C. D. Pace, agent of the Bank of Augusta, Ga. one thousand dollars, for value received, and charge the same to your obedient servant. Richard Byrne. Messrs. Robinson & Caldwell, Charleston, S. C.” The declaration contained three counts-^-the first founded on the bill of exchange itself. The action was…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] This action is founded on a bill of exchange, drawn by the defendant below, Byrne, upon Robinson & Caldwell, at Charleston, South Carolina, and payable to the order of C. D. Pace, agent of the Bank of Augusta, Ga. It is indorsed by C. D. Pace, agent, to the order of James W. Davies, cashier of Bank of Augusta, Ga. The declaration is in the name of James W. Davis, cashier of the president, directors and company of the Bank of Augusta. He who holds the legal title to the bill is entitled to sue. Judge Story says, that in cases of indorsement to…
2Cited by4 opinions
- Pate v. AllisonSupreme Court of Georgia · 1902
- Bank of Richland v. NicholsonSupreme Court of Georgia · 1904
- Central Georgia Bank v. Cleveland National BankSupreme Court of Georgia · 1877
- Bush v. SheffieldSupreme Court of Georgia · 1930