Long v. McIntosh
Supreme Court of Georgia
Petition for injunction. Before Judge Holden. Elbert superior court. March 11, 1907. E. E. Hudgins and James McIntosh brought an action of trover in the city court of Elberton, against the Bank of Elberton, J. H. Blackwell, H. B. Hunter, and N. G. Long, seeking to recover a certain promissory note, alleged to be of the value of $2,890.03. The plaintiffs alleged, that the note was made by them payable to the order of N. G. Long, and was deposited by him with the Bank of…
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Petition for injunction. Before Judge Holden. Elbert superior court. March 11, 1907. E. E. Hudgins and James McIntosh brought an action of trover in the city court of Elberton, against the Bank of Elberton, J. H. Blackwell, H. B. Hunter, and N. G. Long, seeking to recover a certain promissory note, alleged to be of the value of $2,890.03. The plaintiffs alleged, that the note was made by them payable to the order of N. G. Long, and was deposited by him with the Bank of Elberton as his agent, for the purpose of collecting the amount of it from them; that it had been paid off; that Hunter and…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
The controlling question in this case is whether the maker of a negotiable promissory note past due pan bring an action of trover against the payee to recover possession of it, on the ground that it has been paid in full, and that delivery of it has been refused on demand. It requires no argument or citation of authorities to establish the general proposition that promissory notes, bills, and bonds are personal propertjq which may be the subject of conversion, and for which an action of trover will lie. If a note should *663be stolen from its owner, or if it…
2Cases cited12 opinions
- Thayer v. . ManleyNew York Court of Appeals · 1878
- Spencer v. DearthSupreme Court of Vermont · 1870
- Rushin v. TharpeSupreme Court of Georgia · 1892
- Olson v. ThompsonSupreme Court of Oklahoma · 1898
- Pierce v. GilsonSupreme Court of Vermont · 1837
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Vaughn v. WrightSupreme Court of Georgia · 1913
- Levy v. American Wholesale Corp.Court of Appeals of Georgia · 1924
- Copeland v. PylesCourt of Appeals of Georgia · 1920
- Suntrust Mortgage, Inc. v. Foxfire Acres, Inc.Court of Appeals of Georgia · 2020