Habersham v. Lehman
Supreme Court of Georgia
Indorsement. Promissory notes. Presumption. Before Judge Mershon. Glynn S'uperio-r Court. May Term, 1879. Lehman brought complaint against Habersham on a note for $300.00 payable to the order of Eppinger & Russell,, dated June 12th, 1878, and due at ninety days. It was indorsed as follows : “ Eppinger & Russell, by A. Cyraixr Attorney.” “ Pay C.H. Dexter, cashier, or order, for collection on account of Atlanta Savings Bank of Georgia. (Signed) Lodovick J. Hill, Cashier.”
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Indorsement. Promissory notes. Presumption. Before Judge Mershon. Glynn S'uperio-r Court. May Term, 1879. Lehman brought complaint against Habersham on a note for $300.00 payable to the order of Eppinger & Russell,, dated June 12th, 1878, and due at ninety days. It was indorsed as follows : “ Eppinger & Russell, by A. Cyraixr Attorney.” “ Pay C.H. Dexter, cashier, or order, for collection on account of Atlanta Savings Bank of Georgia. (Signed) Lodovick J. Hill, Cashier.” The defendant pleaded the general issue, .and specially the following facts: The note sued on was fraudulently procured…
1Opinion of the Court
Bleckley, Justice.
1. There were two grounds of objection to the introduction of the note in evidence, one of them being that the second indorsement showed the-instrument to be the property of the Atlanta Savings Bank,whose cashier had indorsed it over to one C. H. Dexter for collection. On the effect of an indorsement, by the payee in blank, followed by an indorsement in full by another person, see 1 Daniel on Neg. Ins., §696. Where a promissory note is payable to a named person or order, or to the order of a named person, and is indorsed in blank, it is then, until the blank is filled,…
2Cited by5 opinions
- Sheffield v. Johnson County Savings BankCourt of Appeals of Georgia · 1907
- Neal v. CraySupreme Court of Georgia · 1905
- Tyson v. BraySupreme Court of Georgia · 1903
- South & Lane v. People's National BankCourt of Appeals of Georgia · 1908
- Bothell v. Whitley Bros.Court of Appeals of Georgia · 1908