Legal Opinion
Citizens Bank v. Greene
Court of Appeals of Georgia
Decided December 21, 1912No. 4380PublishedCited by 5 opinions
Complaint; from city conrt of Springfield—Judge Smith. August 9,1912.
1Opinion of the CourtHill, C. J.
1. “The holder of a note is presumed to be such bona fide, and for value; if either fact is negatived by proof, the defendants are let in to all their defenses.” Civil Code (1910), § 4288. In the present ease neither fact was negatived by proof, but, on the contrary, the presumption was clearly shown to be the fact.
2. A reservation in a negotiable note, of title to the property described therein and for which the note was given, is not sufficient to put a purchaser of the note, for value and before maturity, on notice of- any sort of defense to the note. Howard v. Simpkins, 70 Ga. 325.
3. The…
2Cases cited3 opinions
- Howard v. SimpkinsSupreme Court of Georgia · 1883
- Parr v. EricksonSupreme Court of Georgia · 1902
- Simmons v. CouncilCourt of Appeals of Georgia · 1908
3Cited by5 opinions
- Turner Lumber Co. v. Henderson Lumber Co.Court of Appeals of Georgia · 1917
- Bloodworth v. WoodwardCourt of Appeals of Georgia · 1917
- Aprea v. Oglethorpe Savings & Trust Co.Court of Appeals of Georgia · 1922
- Cosmopolitan Life Insurance v. HeadCourt of Appeals of Georgia · 1919
- Advance-Rumely Thresher Co. v. GeyerNorth Dakota Supreme Court · 1918