Randolph v. Fleming
Supreme Court of Georgia
Negotiable instruments. Banks. Evidence. Contracts. Interest. Before Judge Gibson. Richmond Superior Court. October Adjourned Term, 1877. Mariah J. Randolph brought complaint against E. P. Clayton & Company, as makers, and Robert A. Fleming, as indorser, on a note dated September 18th, 1873, due sixty days after date, for $1,516.07, with interest at 13 per cent, per annum, payable at the Georgia Railroad and Banking Company, with the following credit thereon: “ Received on…
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Negotiable instruments. Banks. Evidence. Contracts. Interest. Before Judge Gibson. Richmond Superior Court. October Adjourned Term, 1877. Mariah J. Randolph brought complaint against E. P. Clayton & Company, as makers, and Robert A. Fleming, as indorser, on a note dated September 18th, 1873, due sixty days after date, for $1,516.07, with interest at 13 per cent, per annum, payable at the Georgia Railroad and Banking Company, with the following credit thereon: “ Received on the within note, $229.93, interest due to November 18th, 1871.” To this action Fleming pleaded as follows : 1. The…
1Opinion of the Court
Bleckley, Judge.
1. It is conceded that the note, on its face, was payable at á chartered bank, and that the indorser was an accommodation indorser. lie was not informed, nor did he have reason to believe, that the note was not to be negotiated at the bank where it was payable. A purpose or intention to negotiate it there was inferable from the writing itself. 9 Ga. 305-6. As to parol evidence on such a question, see 4 Ga. 106; 30 Ib., 271; 52 Ib., 131; and compare these with 28 Ga., 177. The indorser had aright to expect notice, and was entitled to have it. Code, §2781.
2. After the note…
2Cases cited3 opinions
- Scott v. SaffoldSupreme Court of Georgia · 1867
- Stubbs v. GoodallSupreme Court of Georgia · 1848
- Cothran v. CunninghamSupreme Court of Georgia · 1859
3Cited by9 opinions
- Sibley v. American Exchange National BankSupreme Court of Georgia · 1895
- Sutton v. . WaltersSupreme Court of North Carolina · 1896
- Alropa Corp. v. SnyderSupreme Court of Georgia · 1936
- Stainback v. DunnCourt of Appeals of Georgia · 1936
- Batavian Bank v. McDonaldWisconsin Supreme Court · 1890
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