Burch v. Pope
Supreme Court of Georgia
Complaint. Before Judge Hart. Laurens superior court. January 30, 1901. The alteration in the note was material: 30 Ga. 129; 64 Ga. 221; 91 Ga. 827; 100 Ga. 136; Dudley, 243; 3 Rand. Com. Pap. §1750; 60 Iowa, 65; 45 Wis. 373 ; 56 N. Y. 22; 100 Mass. 376; 1 Allen, 561. The burden was on the plaintiff to explain the alteration: 36 Ga. 479 ; 98 Ga. 472; 1 Gr.
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Complaint. Before Judge Hart. Laurens superior court. January 30, 1901. The alteration in the note was material: 30 Ga. 129; 64 Ga. 221; 91 Ga. 827; 100 Ga. 136; Dudley, 243; 3 Rand. Com. Pap. §1750; 60 Iowa, 65; 45 Wis. 373 ; 56 N. Y. 22; 100 Mass. 376; 1 Allen, 561. The burden was on the plaintiff to explain the alteration: 36 Ga. 479 ; 98 Ga. 472; 1 Gr. Ev. § 564 et seq.; Clark, Con. 686, § 284. The intention to defraud should have been left to the jury: 75 Ga. 373, and cases above cited. Notice on face of paper: 69 Ga. 355. Transfer after maturity, notice presumed: 1 Ga. 407; 15 Ga. 253;…
1Opinion of the CourtLewis, J.
This was a suit by C. S. Pope against J. B., G. A., and M. D. Burch, upon three promissory notes signed by them, payable to J. A. Fretwell or bearer, indorsed by Eretwell to Pope, by Pope to Daniel, and by Daniel back to Pope. The defendants filed a plea in which they admitted that they had executed . three notes *335of the dates and amounts alleged in the petition, but claimed that the notes so executed were made payable to “J. A. Fretwell or order,” and that, after delivery of the notes, Fretwell fraudulently altered them by striking therefrom the word “ order,” and inserting in its place the…
2Cases cited1 opinion
- Hotel Lanier Co. v. JohnsonSupreme Court of Georgia · 1898
3Cited by19 opinions
- Strickland v. GallowayCourt of Appeals of Georgia · 1965
- Strickland v. GallowayCourt of Appeals of Georgia · 1965
- Thompson v. KelseyCourt of Appeals of Georgia · 1910
- Probasco v. ShawSupreme Court of Georgia · 1915
- Haynes v. SmithCourt of Appeals of Georgia · 1959
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