Bainbridge Farm Co. v. Bower

Jenkins, Justice.

Although, in a suit to enforce payment or satisfaction of a lost note, bond, or other negotiable security, the court will require suitable and adequate indemnity as a condition to such relief, in the absence of a showing that it has not been indorsed (Code, § 37-214; Ross v. Wright, 12 Ga. 507, 508), yet no indemnity will be required either where the instrument is nonnegotiable, or where, even if negotiable, it “has not been duly indorsed,” since such an unindorsed and unassigned obligation “ stands on the basis of a non-negotiable instrument.” Sulunias v. Poolos, 148 Ga. 409…