Buchanan v. Simpson Grocery Co.
Supreme Court of Georgia
Certiorari. Before Judge Harris. Carroll superior court. October term, 1897. To a suit in a justice’s court, upon a promissory note, a plea of non est factum was filed. The note purported to have been signed by the defendant by his mark, and the signature was followed by that of Ben Buchanan as witness. Plaintiff tendered the note in evidence. Defendant objected on the ground that there was a subscribing witness and its execution was not proved.
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Certiorari. Before Judge Harris. Carroll superior court. October term, 1897. To a suit in a justice’s court, upon a promissory note, a plea of non est factum was filed. The note purported to have been signed by the defendant by his mark, and the signature was followed by that of Ben Buchanan as witness. Plaintiff tendered the note in evidence. Defendant objected on the ground that there was a subscribing witness and its execution was not proved. Ben Buchanan testified that he did not sign the note, nor authorize any one else to do so for him; that he had never-seen it, and could not read nor…
1Opinion of the CourtPish, J.
It will be seen, from the reporter’s statement of the case, that the question for determination is, whether the execution of a promissory note, to which there appears to be a subscribing witness, can be proved by evidence other than that of such witness, when he, upon being called to prove its execution, testifies that he never saw the note before and did not sign it as a witness, n'or authorize any one else to sign it for him. Where a writing has a subscribing witness, such witness, if living, sane, competent, and accessible, must, in all cases where proof of execution is required, save…
2Cases cited4 opinions
- Fischli v. FischliIndiana Supreme Court · 1825
- Gillis v. GillisSupreme Court of Georgia · 1895
- Jackson ex dem. Bowman v. ChristmanNew York Supreme Court · 1830
- Reinhart v. MillerSupreme Court of Georgia · 1857
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- Northrop v. Columbian Lumber Co.Court of Appeals for the Fifth Circuit · 1911
- Brock v. BrockSupreme Court of Georgia · 1913
- Merck v. MerckSupreme Court of South Carolina · 1911
- Matheson v. CariboSupreme Court of South Carolina · 1921
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