Legal Opinion

Freeman v. Exchange Bank

Supreme Court of Georgia

Decided April 20, 1891PublishedCited by 15 opinions

Garnishment. Indorsement. Drafts. Evidence. Charge of court. Justices’ courts. Before Judge Miller. Bibb superior court. April term, 1890. The error alleged is the dismissal of the certiorari and sustaining the verdict of a jury rendered in a magistrate’s court. In a suit by Freeman against Brown & Company the Exchange Bank of Macon was served with summons of garnishment, and this case arose upon a traverse of its answer.

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Garnishment. Indorsement. Drafts. Evidence. Charge of court. Justices’ courts. Before Judge Miller. Bibb superior court. April term, 1890. The error alleged is the dismissal of the certiorari and sustaining the verdict of a jury rendered in a magistrate’s court. In a suit by Freeman against Brown & Company the Exchange Bank of Macon was served with summons of garnishment, and this case arose upon a traverse of its answer. Freeman was a merchandise broker in Macon, and ordered from S. A. Brown & Company a certain lot of corn, and a draft hereafter referred to, Freeman testified, was drawn by…

1Opinion of the Court

Bleckley, Chief Justice.

1. Aji indorsement for collection, or the like, is not a conti’act of indorsement, but the creation of a power, the indorsee being a mere agent to receive or enforce payment for the indorser’s use. Central Railroad v. First National Bank, 73 Ga. 383 ; Tiedeman Com. Pap. §268 ; 1 Daniel Neg. Instr. §§698-698(d) ; 2 Randolph Com. Pap. §§724-5-6-7, 1009 ; 1 Morse Banks, §217 ; 2 Id. §§ 583, 593 ; Bolles’ Banks & Depositors, §§220, 384(e) et seq.; Benj. Chalmers’ Bills, Notes & Cheeks *47(2 Am. ed.), 132 ; Commercial National Bank v. Armstrong, 39 Fed. Rep. 684 ; National B.…

2Cases cited9 opinions

  1. National Commercial Bank v. Miller & Co.Supreme Court of Alabama · 1884
  2. White v. National BankSupreme Court of the United States · 1881
  3. National Butchers & Drovers' Bank v. HubbellNew York Court of Appeals · 1889
  4. Central Railroad v. First National BankSupreme Court of Georgia · 1884
  5. Boyd v. CorbittMichigan Supreme Court · 1877

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

3Cited by15 opinions

  1. Neal v. CraySupreme Court of Georgia · 1905
  2. Cronheim v. Postal Telegraph-Cable Co.Court of Appeals of Georgia · 1912
  3. First National Bank v. McMillan Bros.Court of Appeals of Georgia · 1914
  4. Pike v. First National Bank of RomeCourt of Appeals of Georgia · 1959
  5. Council v. NunnCourt of Appeals of Georgia · 1930

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

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