Thompson v. First State Bank
Supreme Court of Georgia
Money rule. Before Judge Sheffield. Terrell superior court. November term, 1896. Upon a rule against the sheriff to distribute money arising from the sale of certain lands levied on, and sold under an execution in favor of the First State Bank against Samuel N. Thompson, a portion of the fund was claimed by W. N. Thompson, under two executions against the defendant in favor of said bank, which had been transferred and assigned to him.
Read the full summary
Money rule. Before Judge Sheffield. Terrell superior court. November term, 1896. Upon a rule against the sheriff to distribute money arising from the sale of certain lands levied on, and sold under an execution in favor of the First State Bank against Samuel N. Thompson, a portion of the fund was claimed by W. N. Thompson, under two executions against the defendant in favor of said bank, which had been transferred and assigned to him. The case was submitted to the judge without a jury, upon an agreed statement of facts, from which the following appeared : The lands from the sale of which the…
1Opinion of the CourtAtkinson, J.
1. The words sans recours (without recourse), so far as we can ascertain, have no exact legal significance, except when they are employed by an indorser to limit his liability upon a negotiable instrument which has been, by the act of 'indorsement, by him assigned to a third person. An indQrsement followed by this phrase relieves the indorser of liability for the payment of such a paper in the event it is dishonored by the maker or acceptor; but in its ordinary legal significance it can not be applied to the assignor of a judgment, for the reason that he assumes no conditional responsibility…
2Cited by7 opinions
- DSK Enterprises, Inc. v. United Jersey BankNew Jersey Superior Court Appellate Division · 1983
- Herrington v. City of DublinCourt of Appeals of Georgia · 1935
- Camp Manufacturing Co. v. Durham Fertilizer Co.Supreme Court of North Carolina · 1909
- Johnson v. Curry & SealySupreme Court of Georgia · 1910
- Decatur Bank & Trust Co. v. BrannenCourt of Appeals of Georgia · 1931
2 more not listed; retrieve them via the Exa API.