Legal Opinion

American Exchange National Bank v. Georgia Construction & Investment Co.

Supreme Court of Georgia

Decided July 20, 1891PublishedCited by 16 opinions

Indorsement. Partnership. Ratification. Notice. Charge of court. Evidence. Before Judge Eve. City court of Richmond county. May term, 1890. Action on a promissory note, by the bank against the construction company as maker, aud R. P. Sibley et al. as endorsers. The note was signed by the construction company by R. P. Sibley president, and was endorsed by Penland, the payee, and three others, and after them by R. P. Sibley and R. P. & G. T. Sibley.

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Indorsement. Partnership. Ratification. Notice. Charge of court. Evidence. Before Judge Eve. City court of Richmond county. May term, 1890. Action on a promissory note, by the bank against the construction company as maker, aud R. P. Sibley et al. as endorsers. The note was signed by the construction company by R. P. Sibley president, and was endorsed by Penland, the payee, and three others, and after them by R. P. Sibley and R. P. & G. T. Sibley. The verdict was in favor of the plaintiff against the construction company as maker and R. P. Sibley as endorser, and in favor of G. T. Sibley. The…

1Opinion of the Court

Bleckley, Chief Justice.

1. The charge of the court excepted to in the 3d aud 4th grounds of the motion for a new trial was based on the hypothesis that the money might have been loaned on the credit of R. P. Sibley. No such hypothesis arises out of the evidence. On the contrary, the only testimony on the subject, that of the vice-president of the bank, was express that the bank refused to discount the note, unless it was first indoi’sed by the firm of R. P. & G. T. Sibley and passed through their regular account; that the note was discounted upon the credit of the indorsements aud the bonds…

2Cited by16 opinions

  1. Warner v. HillSupreme Court of Georgia · 1922
  2. Brock v. Yale Mortgage Corp.Supreme Court of Georgia · 2010
  3. Cowan v. TrembleCalifornia Court of Appeal · 1931
  4. Kelley v. Carolina Life InsuranceCourt of Appeals of Georgia · 1933
  5. Roberts v. Bank of EufaulaCourt of Appeals of Georgia · 1917

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