Walker v. Bank of Augusta
Supreme Court of Georgia
Assumpsit. From Richmond Superior Court. Tried before Judge Holt. June Term, 1847. This cause was predicated upon a note of Thomas Glasscock, payable to, and indorsed by the plaintiff, jointly with one James Wood, deceased, and others, and discounted by tbe Bank of Augusta. The plaintiffs in error, who were defendants below, pleaded non assumpsit.
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Assumpsit. From Richmond Superior Court. Tried before Judge Holt. June Term, 1847. This cause was predicated upon a note of Thomas Glasscock, payable to, and indorsed by the plaintiff, jointly with one James Wood, deceased, and others, and discounted by tbe Bank of Augusta. The plaintiffs in error, who were defendants below, pleaded non assumpsit. Upon tbe trial, after the introduction of the note, the counsel' for the plaintiff offered as evidence of demand of payment, and notice of non-payment to the defendants, the certificate of protest of Robert Clarke, a public notary. The counsel for…
1Opinion of the Court
By the Court.
Warner, J.,
delivering the opinion.
The plaintiffs in error have filed upon the record in this case, three assignments of error to the decision of the Court below.
First, that the protest of the notary was improperly admitted as evidence of notice, the giving of notice not being an official act.
[1.] The Act of 26th December, 1836, amendatory of the Act of 1820, declares,'" From and after the passage of this act, the certificates, protests, and other acts of notaries public, under the hand *493and seal of such notary, in relation to the non-acceptance of any bill of exchange, draft, or…
2Cited by1 opinion
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