Georgia National Bank v. Henderson
Supreme Court of Georgia
Protest. Rank. Days of grace. Bank check. Presumption. Before Logan E. Bleckley, Esq., an Attorney, presiding by consent. Fulton Superior Court.
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Protest. Rank. Days of grace. Bank check. Presumption. Before Logan E. Bleckley, Esq., an Attorney, presiding by consent. Fulton Superior Court. October Term, 1871. Felix H. Henderson brought case against the Georgia National Bank, alleging the following facts: That on August 4th, 1866, Massey & Herty made the following instrument, in writing: “Atlanta, Georgia, August 4th, 1866. “Georgia National Banh, Atlanta, Georgia: “ Ninety days after date, pay to F. R. Bell, or order, one thousand dollars. (Signed) “ #1,000. MASSEY & HERTY. “Indorsed: John D. Pope, F. R. Bell.” That Bell indorsed said…
1DissentMontgomery, Judge
In this ease, I am constrained to dissent from my associates. The judgment, as it seems to me, assumes the very point in controversy. ' If the paper, drawn by Massey & Herty upon the plaintiff in error, is a bill of exchange, they are right and I am wrong. If a bill of exchange, it is entitled to grace; if a cheek, it is not. To say that no doubt exists among lawyers or commercial bankers upon this question is to ignore the discussions upon the subject which have taken place during the last forty years. The case of Downer vs. The Madison County Bank, 6 Hill, 648, relied on by the Chief…
2Cases cited7 opinions
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- Minturn v. FisherCalifornia Supreme Court · 1854
- Satterlee v. GroatNew York Supreme Court · 1828
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