Epting v. Jones
Supreme Court of Georgia
John Jones brought complaint against W. C. Epting on a promissory note, dated September 4th, 1867, due on January 1st, thereafter, for $1,268 13, payable to William M. Fudge, or bearer, with the following indorsement thereon: “May 26th, 1871. “For value received I assign the within note to James F. Gaines. [Signed] William M. Fudge.”
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John Jones brought complaint against W. C. Epting on a promissory note, dated September 4th, 1867, due on January 1st, thereafter, for $1,268 13, payable to William M. Fudge, or bearer, with the following indorsement thereon: “May 26th, 1871. “For value received I assign the within note to James F. Gaines. [Signed] William M. Fudge.” The defendant pleaded the general issue, and several special pleas, all of which are unnecessary to an understanding of the decision of the Court. Upon the trial the defendant proposed to amend his pleas, by setting up (he fact that the plaintiff had no existence…
1Opinion of the Court
McCay, Judge.
According to the claim of the plea, this suit is really brought by the true owner of the note. He has used a fictitious name, but nevertheless it is his act, and the paygment of it to him, in whatever name, will be an unquestionable satisfaction of the debt. Had the plea set forth some defense, good against the true owner, and not against a stranger, or had the plea set out that the plaintiff was a tortious holder, so that the payment to him would not be good, by one having notice of the want of title, something might be said in favor of the plea. But as it stands it claims that…
2Cited by3 opinions
- Atlanta & Lowry National Bank v. First National BankCourt of Appeals of Georgia · 1928
- United States Fidelity & Guaranty Co. v. KoehlerCourt of Appeals of Georgia · 1927
- Stewart v. PriceSupreme Court of Kansas · 1902