Legal Opinion

National Bank v. Smith

Supreme Court of Georgia

Decided November 13, 1914PublishedCited by 18 opinions

Complaint. Before Judge James B. Park. Jones superior court. January 19, 1914. This was an action by the National Bank of Tifton against Mrs. Mary E. James Smith and W. E. James, to recover principal, interest, and attorney’s fees, alleged to be due upon a note for $5,000, signed by Mary E. James Smith, payable to the order of the James Manufacturing Company, and indorsed by the James Manufacturing Company and W. E. James.

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Complaint. Before Judge James B. Park. Jones superior court. January 19, 1914. This was an action by the National Bank of Tifton against Mrs. Mary E. James Smith and W. E. James, to recover principal, interest, and attorney’s fees, alleged to be due upon a note for $5,000, signed by Mary E. James Smith, payable to the order of the James Manufacturing Company, and indorsed by the James Manufacturing Company and W. E. James. The defendants pleaded, that the note was given by Mary E. James Smith to the James Manufacturing Company, without consideration; that W. E. James negotiated with the…

1Opinion of the CourtEvans, P. J.

(After stating the foregoing facts.)

1. There was evidence tending to show that W. E. James and another person constituted a partnership under the firm name of James Manufacturing Company. This partnership desired to make a loan from certain banks, and Mrs. Smith gave the note in suit for the purpose of enabling her son to borrow the money upon the indorsement of E. A. Buck. It was agreed between Buck and James that the former would indorse the note of the partnership upon the *665security of his mother’s note. Buck did indorse the note, and the loan was made to the James Manufacturing Company. At…

2Cases cited2 opinions

  1. Sweet Water Manufacturing Co. v. GloverSupreme Court of Georgia · 1859
  2. Jones v. ShorterSupreme Court of Georgia · 1846

3Cited by18 opinions

  1. Howell v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1934
  2. Assets Realization Co. v. . RothNew York Court of Appeals · 1919
  3. Nowell v. Mayor of MonroeSupreme Court of Georgia · 1933
  4. The National Bank of Monroe v. WrightCourt of Appeals of Georgia · 1948
  5. Gamble v. Reeves Transportation Co.Court of Appeals of Georgia · 1972

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