Phillips v. Bridges
Supreme Court of Georgia
Complaint. Before Judge Worrill. Miller superior court. January 5, 1915. R. L. Bridges, transferee of a promissory note dated December 13, 1905, and of a mortgage given to secure its payment, brought suit upon it to the April term, 1913, of the superior court, against D. Phillips as indorser. The note upon its face was payable to D. Phillips, and was signed by George Owens, who had died, and there was no administration on his estate.
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Complaint. Before Judge Worrill. Miller superior court. January 5, 1915. R. L. Bridges, transferee of a promissory note dated December 13, 1905, and of a mortgage given to secure its payment, brought suit upon it to the April term, 1913, of the superior court, against D. Phillips as indorser. The note upon its face was payable to D. Phillips, and was signed by George Owens, who had died, and there was no administration on his estate. The note provided for payment of attorney’s fees, and contained the usual waiver of homestead. The instrument created a lien by mortgage upon described mules and…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.)
The evidence in this case does not. authorize the verdict rendered in favor of the plaintiff, and a new trial should have been granted. Under the uncontroverted testimony the defendant was merely an accommodation indorser and therefore a surety upon the note. It is true the note on its face was payable to him and signed by the maker, George Owens, and it was transferred to the Bainbridge State Bank by Phillips, the transfer being in the following language: “Pot value received I hereby transfer and assign to the Bainbridge State Bank the within note and…
2Cases cited1 opinion
- Toomer v. DickersonSupreme Court of Georgia · 1867
3Cited by2 opinions
- Georgian Co. v. JonesSupreme Court of Georgia · 1923
- Seymour v. Bank of ThomasvilleSupreme Court of Georgia · 1923