Kaiser & Bros. v. Brown
Supreme Court of Georgia
Complaint on note. Before Judge Sweat. Glynn superior court. May term, 1895. Before the passage of the pleading act of 1893, suit was brought by Brown against Johnson as maker, and Kaiser & Brother as endorsers, upon a promissory note payable to Kaiser & Brother or order, and endorsed: “Pay to the order of J. N. Brown. A. .Kaiser & Bro.” “ J. N. Brown.” “Eor collection and remittance to the Ogdensburg Bank, Ogdensburg, N. T. S. W. Leonard, cashier.”
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Complaint on note. Before Judge Sweat. Glynn superior court. May term, 1895. Before the passage of the pleading act of 1893, suit was brought by Brown against Johnson as maker, and Kaiser & Brother as endorsers, upon a promissory note payable to Kaiser & Brother or order, and endorsed: “Pay to the order of J. N. Brown. A. .Kaiser & Bro.” “ J. N. Brown.” “Eor collection and remittance to the Ogdensburg Bank, Ogdensburg, N. T. S. W. Leonard, cashier.” The declaration alleged that the last two endorsements were made for the purpose of collection only. No plea or defense was filed at the…
1Opinion of the Court
Atkinson, Justice.
1. "Whatever may have been the effect of the passage of the pleading act of 1893 upon, cases in default, the law is so well settled as to the practice prevailing in cases brought before its passage, that no discussion of the proposition announced in the first head-note supra is necessary.
2. The right of the superior court judges to render judgment without the intervention of a jury is limited to suits upon unconditional contracts in writing where no issuable defense is filed on oath. The contract of an endorser upon a promissory note or bill of exchange which is left at any…
2Cases cited1 opinion
- Everett v. WestmorelandSupreme Court of Georgia · 1893
3Cited by4 opinions
- Thornton v. Coleman, Burden & Warthen Co.Supreme Court of Georgia · 1898
- Moses v. KittleSupreme Court of Georgia · 1898
- Hall v. StoneCourt of Appeals for the Fifth Circuit · 1933
- Camino v. LewisNevada Supreme Court · 1930