Ball v. Powers
Supreme Court of Georgia
Contracts. Sabbath. Negotiable instruments. Charge of Court. Pleadings. Yerdict. Practice in the Superior Court. .Arrest of judgment. Before Judge Clark. Fulton Superior Court.
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Contracts. Sabbath. Negotiable instruments. Charge of Court. Pleadings. Yerdict. Practice in the Superior Court. .Arrest of judgment. Before Judge Clark. Fulton Superior Court. April Term, 1878. Ball brought complaint against Powers upon two drafts for $5,000.00 each, dated the 27th of November, 1875, drawn b.y West, Edwards & Co., on Henry R. Powers, to the order of Shelton Edwards, accepted by Powers, and indorsed by Edwards in blank, due respectively at sixty and ninety days. The acceptance and the indorsement were both undated. Powers pleaded the general issue, and specially as follows:…
1Opinion of the Court
Bleckley, Justice.
1. The drafts were negotiable paper, and bore date upon a day of the month corresponding to Saturday. If they were in fact executed on Sunday, they were void as between the original parties; and that they were thus void might be shown, also, against any holder affected with .notice. But if Ball purchased them before maturity, and took them for a valuable consideration, in the due course of trade, and without notice of their immoral taint, the acceptor, having accepted upon Sunday, with no correction of the false date, and no indication of the true time of the acceptance, is…
2Cited by9 opinions
- Perkins v. RowlandSupreme Court of Georgia · 1882
- Hayden v. MitchellSupreme Court of Georgia · 1898
- Livingston v. TaylorSupreme Court of Georgia · 1909
- Thompson v. Bank of ChatsworthCourt of Appeals of Georgia · 1923
- Harrison v. PowersSupreme Court of Georgia · 1886
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