Geiser Manufacturing Co. v. Jones & Toole
Supreme Court of Georgia
Promissory note. Indorsement. Guaranty. Jurisdiction. Before Judge Port. Stewart superior court. April term, 1891. Action against Mrs. Burts as maker, and Jones & Toole as indorsers, upon promissory notes. The declaration alleged that Mrs. Burts was of Stewart county where the action was brought, and that Jones & Toole were of Troup county. The notes were of the same date, with different dates of maturity. They were signed by Mrs. Burts alone.
Read the full summary
Promissory note. Indorsement. Guaranty. Jurisdiction. Before Judge Port. Stewart superior court. April term, 1891. Action against Mrs. Burts as maker, and Jones & Toole as indorsers, upon promissory notes. The declaration alleged that Mrs. Burts was of Stewart county where the action was brought, and that Jones & Toole were of Troup county. The notes were of the same date, with different dates of maturity. They were signed by Mrs. Burts alone. Poliowing is a copy of the material portion of them : “ I severally and jointly promise to pay the Geiser Manufacturing Company or order, at the…
1Opinion of the Court
Bleckley, Chief Justice.
In the creditor it is a necessary right to sue somewhere; in the debtor it is a convenient and reasonable right not to be subject to suit everywhere. In this State these respective rights have been deemed of sufficient importance to be brought under regulation by fundamental law. The constitution subjects every debtor to suit in the county of his residence, and exempts him from suit in any other county. This is the general rule, and in the case of a sole debtor, the universal rule. Code, §5172. But there are some exceptions when there are more debtors than one. The…
2Cases cited2 opinions
- Trust Co. v. National BankSupreme Court of the United States · 1880
- Vanzant, Jones & Co. v. Arnold, Hamilton & JohnsonSupreme Court of Georgia · 1860
3Cited by15 opinions
- Baggs v. FunderburkeCourt of Appeals of Georgia · 1912
- Etheridge v. Rawleigh Co.Court of Appeals of Georgia · 1923
- Fields v. WillisSupreme Court of Georgia · 1905
- Hendrix v. Bauhard Bros.Supreme Court of Georgia · 1912
- Pattillo v. AlexanderSupreme Court of Georgia · 1895
10 more not listed; retrieve them via the Exa API.