Carey v. McDougald
Supreme Court of Georgia
Assumpsit, &c. in Muscogee Superior Court. Decided by Judge Alexander, May Term, 1849. Edward Carey, as the assignee of the Bank* of Columbus, brought suit against Daniel McDougald, as indorser upon the following instrument: “ Planters’ & Mechanics’ Bank, Columbus, Ga.
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Assumpsit, &c. in Muscogee Superior Court. Decided by Judge Alexander, May Term, 1849. Edward Carey, as the assignee of the Bank* of Columbus, brought suit against Daniel McDougald, as indorser upon the following instrument: “ Planters’ & Mechanics’ Bank, Columbus, Ga. Jan. 29,1842. “13,987 74. “ Gen. James C. Watsonhas deposited in this bank three thousand nine hundred and eighty-seven 74-100 dollars, which sum said bank will pay to him, or his order on this certificate, on the first day of January next. [Signed,] M. ROBERTSON, Cashier. “ Indorsed, J. C. Watson, D. McDougald, M. Robertson.”…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
[1.] The single question in this case is, whether or not the instrument sued on be a negotiable paper 1 And we know of no better method of determining its character and qualities, than by subjecting it to the tests which have been furnished by standard authors upon the subject. Mr. Chitty, in his great work on bills, says, that no formal set of words are essential to the validity of a promissory note or bill of exchange; that it is sufficient, if it amount to a promise to pay money, (p. 524.) He furnishes, from the reported cases, a number of…
2Cases cited1 opinion
- CRAIG v. the State of MissouriSupreme Court of the United States · 1830
3Cited by8 opinions
- Brummagim v. TallantCalifornia Supreme Court · 1866
- Lynch v. GoldsmithSupreme Court of Georgia · 1879
- Simmons v. CouncilCourt of Appeals of Georgia · 1908
- White County Bank v. Clermont State BankCourt of Appeals of Georgia · 1927
- Pomeroy National Bank v. Huntington National BankWest Virginia Supreme Court · 1913
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