Carhart, Bros. & Co. v. Wynn
Supreme Court of Georgia
Complainant, from Monroe Superior Court. Tried before Judge Green, at August Term, 1S56'. This was an action brought by Carhart, Brothers & Co., against Robert W. Moore, the maker, and Willis Wynn the endorser, of a promissory note, for the recovery of a balance due on said note.
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Complainant, from Monroe Superior Court. Tried before Judge Green, at August Term, 1S56'. This was an action brought by Carhart, Brothers & Co., against Robert W. Moore, the maker, and Willis Wynn the endorser, of a promissory note, for the recovery of a balance due on said note. Defence by Wynn the endorser, that ho had given plaintiffs notice, after the note became due, to sue, and they having failed to do so for more than three months, as provided by statute, he was discharged from his liability as endorser. Wynn upon the trial, proved by Jonathan Johnson, the only witness sworn in the…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
The Court having overruled the first ground in the motion for a new trial, we will not refer to that.
[1.] No objection was made during the trial to Johnson’s evidence. An erased endorsement is no endorsement, and can, therefore, of itself be no evidence. If it had been bona fide made to pass the title, and fraudulently erased to defraud the defendant, it ought to have been proven, for mercantile usage does not raise a presumption of that sort. The note must have been offered in evidence on the trial, and the failure to except to Johnson’s…
2Cited by5 opinions
- Goette v. SuttonSupreme Court of Georgia · 1907
- Howell v. McCartyWest Virginia Supreme Court · 1916
- Sanders v. AyersSupreme Court of Georgia · 1923
- McCrary v. KingSupreme Court of Georgia · 1859
- Allen v. StateSupreme Court of Georgia · 1942