Legal Opinion

Geiger Finance Co. v. Graham

Court of Appeals of Georgia

Decided May 13, 1971No. 45922PublishedCited by 18 opinions

1Opinion of the Court

Hall, Presiding Judge.

The pleadings showed that a defense existed. Plaintiff therefore had the burden of establishing that it was a holder in due course. Code Ann. § 109A-3 — 307 (3); Pitillo v. Demetry, 112 Ga. App. 643 (145 SE2d 792). A holder in due course is one who takes a negotiable instrument in good faith, for value and without notice of any claim or defense against it. Code Ann. § 109A-3 — 302 (1) (c).

The transcript does not clearly indicate the basis upon which the trial court ruled that plaintiff was not a holder in due course, nor is it necessary for our determination of the…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. Buffalo Industrial Bank v. De MarzioBuffalo City Court · 1937
  2. Colson & Sons v. EllisCourt of Appeals of Georgia · 1930
  3. Ledman v. GAC FINANCE CORPORATION OF BALTIMOREDistrict of Columbia Court of Appeals · 1965
  4. Pitillo v. DemetryCourt of Appeals of Georgia · 1965
  5. Universal CIT Credit Corp. v. HudgensSupreme Court of Arkansas · 1962

5 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Ingram v. EarthmanCourt of Appeals of Tennessee · 1998
  2. Reese v. Termplan, Inc., BoltonCourt of Appeals of Georgia · 1972
  3. Massey Ferguson Credit Corp. v. BiceSouth Dakota Supreme Court · 1990
  4. Household Finance Corp. v. MowdyAppellate Court of Illinois · 1973
  5. Jefferson v. Mitchell Select Furniture Co., Inc.Court of Civil Appeals of Alabama · 1975

13 more not listed; retrieve them via the Exa API.

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