Lewis v. Harper
Supreme Court of Georgia
Drafts. Actions. Judgments. Contracts. Parties. Amendment. Before Judge Fort. Macon Superior Court, May Term, 1884. A fi.fa. in favor of Lewis & Minor against George V. Hunter was levied on certain land to which Harper, executor of Drumright, interposed a claim. On the trial, on motion, the court dismissed the levy, on the ground that the pleadings were insufficient to authorize the judgment • on which the fi. fa. was founded.
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Drafts. Actions. Judgments. Contracts. Parties. Amendment. Before Judge Fort. Macon Superior Court, May Term, 1884. A fi.fa. in favor of Lewis & Minor against George V. Hunter was levied on certain land to which Harper, executor of Drumright, interposed a claim. On the trial, on motion, the court dismissed the levy, on the ground that the pleadings were insufficient to authorize the judgment • on which the fi. fa. was founded. These pleadings consisted of a declaration in complaint by Lewis & Minor against Hunter, on an instrument alleged to be a note, which was as follows: “ $450.00…
1Opinion of the Court
Jackson, Chief Justice.
This case presents the point whether an instrument, drawn by G. Y. Hunter, defendant in execution, and delivered to Lewis & Minor for the payment of four hundred and fifty dollars, and payable to Hunter’s own order, and on its face showing that it was an advancement to make a crop, made by Lewis & Minor to Hunter, with a blank indorsement thereon, but said indorsement not signed by Hunter, will support a judgment and execution in favor of Lewis & Minor, founded on a declaration in the statutory form, in the name of Lewis & Minor, on said instrument. The court below, on…
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