Benton Transfer Co. v. Marion National Bank
Court of Appeals of Georgia
Complaint; from .city court of Savannah1 — Judge Freeman. July 12, 1920. The Marion National Bank sued Benton Transfer Company on a promissory note originally payable to Indiana Truck Corporation, and dated September 10, 1917, upon the back of which was the indorsement set out in the foregoing decision.
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Complaint; from .city court of Savannah1 — Judge Freeman. July 12, 1920. The Marion National Bank sued Benton Transfer Company on a promissory note originally payable to Indiana Truck Corporation, and dated September 10, 1917, upon the back of which was the indorsement set out in the foregoing decision. In the defendant’s answer it was contended that the plaintiff was “not a holder of said promissory note in due course, and the alleged transfer was and is not an indorsement of said note within the law merchant, but was and is a mere assignment by Indiana Truck Corporation to the Marion…
1Opinion of the CourtHill, J.
The words, “ Eor value received we hereby assign, transfer, and set over to the Marion National Bank all our right, title, and interest in and to the within note and in and to the said Indiana Motor Trucks for which this note was executed,” written on the back of a promissory note and signed by the payee, is an indorsement oi[ the note. Vanzant v. Arnold, 31 Ga. 210(2) ; Baldwin Fertilizer Co. v. Carmichael, 116 Ga. 762 (42 S. E. 1002) ; Hendrix v. Beuhard, 138 Ga. 473 (75 S. E. 588, 43 L. R. A. (N. S.) 1028, Ann. Cas. 1913D, 688).
2. The defenses attempted to be set up not coming within…
2Cases cited3 opinions
- Vanzant, Jones & Co. v. Arnold, Hamilton & JohnsonSupreme Court of Georgia · 1860
- Hendrix v. Bauhard Bros.Supreme Court of Georgia · 1912
- Baldwin Fertilizer Co. v. CarmichaelSupreme Court of Georgia · 1902
3Cited by2 opinions
- Northeast Factor & Discount Co. v. Mortgage Investments, Inc.Court of Appeals of Georgia · 1963
- Aprea v. Oglethorpe Savings & Trust Co.Court of Appeals of Georgia · 1922