Cox v. Mechanics' Savings Bank
Supreme Court of Georgia
Complaint, in Stewart superior court. Tried before Judge Kiddoo, April Term, 1859. The facts in these two cases being the same, they were heard and determined together. The first was a case brought by the Mechanics’ Savings Bank, against Cox as acceptor, and John A. Tucker as drawer and endorser of a bill of exchange; the other was against Burke as acceptor, and Tucker & Beall as drawers and endorsers. Plaintiff introduced the bill in evidence and closed.
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Complaint, in Stewart superior court. Tried before Judge Kiddoo, April Term, 1859. The facts in these two cases being the same, they were heard and determined together. The first was a case brought by the Mechanics’ Savings Bank, against Cox as acceptor, and John A. Tucker as drawer and endorser of a bill of exchange; the other was against Burke as acceptor, and Tucker & Beall as drawers and endorsers. Plaintiff introduced the bill in evidence and closed. The following is a copy of the bill: Lumpkin, Aug 12th, 1857. Ninety days after date pay to my order at the agency of the Mechanics’…
1Opinion of the Court
By the Court.
Benning, J.,
delivering the opinion.
Did the court err in refusing a non-suit in these cases ? We think so. The bills of exchange are not within the act of 1826, (Pr. Dig. 462.) The question whether the acceptor and the drawer and the endorser were subject to be joined in the same action, is, therefore, a question to be determined by the common law. And by the common law they were not subject to be sued in the same action — they not being joint promissors — and their join-, der was good, even in arrest of judgment. — 14 Ga. 691; 18 do. 517.
1. We think, then, that the court ought to…
2Cases cited1 opinion
- Beckwith v. Carleton & Co.Supreme Court of Georgia · 1854