Winkler v. Scudder
Supreme Court of Georgia
This was an action brought against the defendant, as endorser of a promissory note made by Joseph R. Thompson, dated 7th of January, 1842, and due 61 days thereafter, for $600. The defendant pleaded that he had endorsed this note for the accommodation of the maker, and that it was given in renewal of a former note made by Thompson, and endorsed by defendant for his (Thompson’s) accommodation ; that Thompson delivered the original note, and those successively taken in…
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This was an action brought against the defendant, as endorser of a promissory note made by Joseph R. Thompson, dated 7th of January, 1842, and due 61 days thereafter, for $600. The defendant pleaded that he had endorsed this note for the accommodation of the maker, and that it was given in renewal of a former note made by Thompson, and endorsed by defendant for his (Thompson’s) accommodation ; that Thompson delivered the original note, and those successively taken in renewal, including the one in suit, to the plaintiff; and that the plaintiff took and received upon the original note, and upon…
1Opinion of the Court
By the Court
Nisbet Judge.
Suit was brought in Chatham Superior Court, by Z. M. Winkler, the plaintiff' in error, against Amos Scudder, an endorser upon a promissory note. The plea af usury was filed, and Joseph R. Thompson, the maker, was called to prove it, and his testimony admitted. The first assignment of error is “ That a party to a negotiable note cannot be permitted to show that there was any invalidity in it when it passed out of his hands, and that, therefore, Thompson was improperly admitted.”
In England this question was settled before the statute of Victoria. Long before that act…
2Cases cited11 opinions
- Bank of United States v. DunnSupreme Court of the United States · 1832
- United States v. LefflerSupreme Court of the United States · 1837
- Bank of the Metropolis v. JonesSupreme Court of the United States · 1834
- Scott v. LloydSupreme Court of the United States · 1838
- Fox v. WhitneyMassachusetts Supreme Judicial Court · 1819
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Callan Court Co. v. Citizens & Southern National BankSupreme Court of Georgia · 1937
- Reconstruction Finance Corp. v. PuckettSupreme Court of Georgia · 1935
- Caldwell v. HillSupreme Court of Georgia · 1934
- Morgan v. ShepherdSupreme Court of Georgia · 1930
- Melton v. StateSupreme Court of Georgia · 1935