Legal Opinion
Citizens & Southern Bank v. Blount
Court of Appeals of Georgia
Decided June 7, 1917No. 8291PublishedCited by 2 opinions
Complaint; from Toombs superior court—Judge Hardeman. April 10, 1916.
1Opinion of the CourtBroyles, P. J.
1. A promissory note payable to ' a named person is negotiable only by the indorsement of that person. Civil Code (1910), § 4273.
2. The payee of. a promissory note may plead and prove, in defense to a suit by a bona fide holder of the note for value, who received it before maturity and without notice of any defect or defense, that he did not indorse or authorize the indorsement of his name on the back of the instrument. Civil Code (1910), § 4286.
3. Upon the filing of a plea of non est factum as to the indorsement of a note, the burden is upon the plaintiff to establish, by a preponderance of…
2Cases cited6 opinions
- Ward v. Frick Co.Supreme Court of Georgia · 1895
- Neal v. Davis Foundry & Machine WorksSupreme Court of Georgia · 1908
- Bank of Norwood v. ChapmanCourt of Appeals of Georgia · 1917
- Thompson v. KelseyCourt of Appeals of Georgia · 1910
- Norton v. ScruggsSupreme Court of Georgia · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Austell Bank v. National Bondholders Corp.Supreme Court of Georgia · 1939
- Swint v. SeiglerCourt of Appeals of Georgia · 1923