Bryan v. Windsor
Supreme Court of Georgia
Petition for injunction. Before Judge Fisli. Sumter county. January 17, 1896. J. H. Bryan brought a petition against John. Windsor, to enjoin the further proceeding of suits brought by Windsor against him in the county court upon two promissory notes. The injunction was denied.
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Petition for injunction. Before Judge Fisli. Sumter county. January 17, 1896. J. H. Bryan brought a petition against John. Windsor, to enjoin the further proceeding of suits brought by Windsor against him in the county court upon two promissory notes. The injunction was denied. It appears from the petition, that on February 2, 1894, Bryan, being the owner and holder of two promissory notes, indorsed them and sold them to Windsor for $60. One of them was for $180, dated January 31, 1891, due December 1, 1891, signed by J. J. Davis and payable to J. H. Bryan. The other was for $234.20, dated…
1Opinion of the CourtSimmons, C. J.
1. Blank indorsements of negotiable paper may always be explained as between the parties themselves, and accordingly parol evidence is, in any given instance, admissible to show that such, an indorsement upon a promissory note was made simply to pass title and not to create liability in the indorser. Code, §3808 and cases there cited. See also Galceran v. Noble, 66 Ga. 367; Bedell v. Scarlett, 75 Ga. 56; Neal & Co. v. Wilson, 79 Ga. 736; Eppens v. Forbes, 82 Ga. 748.
2. It follows that there was no error in refusing to grant an injunction to restrain the further proceeding of actions pending…
2Cases cited4 opinions
- Galceran v. NobleSupreme Court of Georgia · 1881
- Neal & Co. v. WilsonSupreme Court of Georgia · 1887
- Bedell v. ScarlettSupreme Court of Georgia · 1886
- Eppens, Smith & Weimann v. Forbes & Co.Supreme Court of Georgia · 1889
3Cited by2 opinions
- Proctor v. Royster Guano Co.Court of Appeals of Georgia · 1918
- Cowart Co. v. SheffieldCourt of Appeals of Georgia · 1916