Southern Bank v. Mechanics Savings Bank
Supreme Court of Georgia
Assumpsit, in Decatur Superior Court. Tried before Judge Allen, October Term, 1858. This was an action of assumpsit brought by the Mechanics Savings Bank against the Southern Bank of Georgia, on three bills of exchange, of which the following are copies : “Southern Bank oe Georgia, Bainbridge, August 30th, 1857. f>3000. Sixty days after date pay to the order of S. B. Williams, Cashier, at Nassau Bank, New York City, three thousand dollars. H. H. HUBBARD, Cash'r.”
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Assumpsit, in Decatur Superior Court. Tried before Judge Allen, October Term, 1858. This was an action of assumpsit brought by the Mechanics Savings Bank against the Southern Bank of Georgia, on three bills of exchange, of which the following are copies : “Southern Bank oe Georgia, Bainbridge, August 30th, 1857. f>3000. Sixty days after date pay to the order of S. B. Williams, Cashier, at Nassau Bank, New York City, three thousand dollars. H. H. HUBBARD, Cash'r.” To Cashier oí Dandridge Bank, Dandridge, Tcnn., No. 309.” Endorsed. “Pay to Geo. W. Duer, Cashier, or order. S. B. WILLIAMS,…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Ought the Court to have sustained the motion to dismiss this case?
[1.] The first ground taken in the motion, was, that R. W. Hubbard, who acknowledged service and waived process upon the writ, was not at the time, nor since, an officer of the Southern Bank of Georgia, and had no authority to make said acknowledgment and waiver, or to bind the said bank, *256nor did he undertake, by signing his name as President, Cashier, or other officer of said bank, to waive service or process.
A sufficient reply to this objection is, that the President of the bank…
2Cited by6 opinions
- Bomar v. Equitable Mortgage Co.Supreme Court of Georgia · 1900
- Tate v. LeresCourt of Appeals of Georgia · 1938
- Bell v. WhitestoneCourt of Appeals of Georgia · 1916
- Cochran v. StrongSupreme Court of Georgia · 1872
- Posey v. Frost Motor Co.Court of Appeals of Georgia · 1951
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