Kaiser & Brother v. United States National Bank
Supreme Court of Georgia
Complaint on note. Before Judge Sweat. Glynn superior court. May term, 1895. The United States National Bank sued A. Kaiser & Brother as makers, -and the Brunswick State Bank as indorser, upon -a promissory noté for $2,500, dated May 3, 1893, due sixty days after date, payable to tbe order of “F. E. Cunningham, cashier,” and indorsed: “Brunswick State Bank, Brunswick, Ga. F. E. Cunningham, cashier.” The suit was defended by the makers.
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Complaint on note. Before Judge Sweat. Glynn superior court. May term, 1895. The United States National Bank sued A. Kaiser & Brother as makers, -and the Brunswick State Bank as indorser, upon -a promissory noté for $2,500, dated May 3, 1893, due sixty days after date, payable to tbe order of “F. E. Cunningham, cashier,” and indorsed: “Brunswick State Bank, Brunswick, Ga. F. E. Cunningham, cashier.” The suit was defended by the makers. The jury, under the court’s instruction, found for the plaintiff, and defendants’ motion for a new trial was overruled. It appears from the evidence, that…
1Opinion of the CourtSimmons, C. J.
1. Where a promissory note executed solely for the accommodation of a bank, and intended by the makers to be used for its benefit only, was made payable to the order of its cashier and indorsed in blank, the mere fact that the president of that bank negotiated the note for his own personal benefit to a third person who knew he was such president, would not of itself be notice to that person that this action of *259the president was unauthorized or improper, nor would -this fact be sufficient, without more, to put the third person upon inquiry as to the legality or correctness of the president’s…
2Cases cited1 opinion
- Gibson v. ConnerSupreme Court of Georgia · 1847
3Cited by10 opinions
- Few v. PouCourt of Appeals of Georgia · 1924
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- Patterson & Co. v. PetersonCourt of Appeals of Georgia · 1915
- Harrell v. National Bank of CommerceSupreme Court of Georgia · 1907
- Linderman v. AtkinsSupreme Court of Georgia · 1915
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