Kirkland v. Citizens Trust Co.
Court of Appeals of Georgia
Complaint; from city court of Floyd county—Judge Nunnally. May 20, 1916. Ferris, Lewis, and Fuller brought suit against Kirkland on two promissory notes, payable to the Citizens ‘Trust Company of Utica, New York, or order, signed by Kirkland and indorsed by Ferris, Lewis, and Fuller.
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Complaint; from city court of Floyd county—Judge Nunnally. May 20, 1916. Ferris, Lewis, and Fuller brought suit against Kirkland on two promissory notes, payable to the Citizens ‘Trust Company of Utica, New York, or order, signed by Kirkland and indorsed by Ferris, Lewis, and Fuller. It did not appear from the original petition or the exhibits that any of the notes had been transferred to the plaintiffs, nor was it alleged that the indorsers had paid off the notes, but it was alleged that the defendant was indebted thereon to the petitioners; and copies of the notices served upon the…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.)
1. The amendment was properly allowed by the court. Neal Bank v. Bruce, 137 Ga. 361 (73 S. E. 503); Gelders v. Kennedy, 9 Ga. App. 389 (71 S. E. 503); Toole v. Cook, 15 Ga. App. 133 (82 S. E. 772).
*1352. The court properly entered judgment for attorney’s fees, the notices served upon the defendant fully describing the notes upon which suit was brought, and expressly alleging that Ferris, Lewis, and Fuller were the “present holders” of the same. The point raised as'to the notice was expressly ruled upon in Gelders v. Kennedy, and Toole v. Cook, supra.
There is a…
2Cases cited3 opinions
- Toole v. CookCourt of Appeals of Georgia · 1914
- Gelders v. KennedyCourt of Appeals of Georgia · 1911
- Neal Bank v. BruceSupreme Court of Georgia · 1912