Bank of St. Marys v. Mumford & Tyson
Supreme Court of Georgia
Assumpsit, in Wayne Superior Court, and motion for a new trial. Argued before Judge Fleming, at Chambers. Suit was instituted by the plaintiff, against the defendants, on a note, of which the following is a copy : $1953T\\ Monticello, 10th May, 1838. Ninety days after date, I promise to pay to the order of Mumford & Tyson, at the Bank of St. Marys, one thousand nine hundred and fifty-three dollars and four cents, for value received, in renewal of note, for $1914. (Signed,)…
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Assumpsit, in Wayne Superior Court, and motion for a new trial. Argued before Judge Fleming, at Chambers. Suit was instituted by the plaintiff, against the defendants, on a note, of which the following is a copy : $1953T\\ Monticello, 10th May, 1838. Ninety days after date, I promise to pay to the order of Mumford & Tyson, at the Bank of St. Marys, one thousand nine hundred and fifty-three dollars and four cents, for value received, in renewal of note, for $1914. (Signed,) THOMAS BUTLER KING. MUMFORD & TYSON. . Indorsed, “Mumford & Tyson.” The defendants pleaded general issue, and a special…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
On the argument of this cause, the counsel for the plaintiff in error, insisted on the following grounds of error, to the decision of the Court below :
1st. Because the Court erred in allowing the defendants to show, by parol evidence, that they were securities only, to the note, there being no evidence on the face of the note that they subscribed their names thereto, as securities.
2d, Because the Court erred in deciding that the notice to the plaintiff, to institute suit on the note, was sufficient.
3d. Because the Court erred in deciding that suit…
2Cases cited1 opinion
- Bank of Pittsburgh v. Whitehead, Sproul & Co.Supreme Court of Pennsylvania · 1840
3Cited by13 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Grimmett v. BarnwellSupreme Court of Georgia · 1937
- Roberts v. Investors Savings Co.Supreme Court of Georgia · 1922
- Bank of Lumpkin County v. JustusSupreme Court of Georgia · 1920
- Seymour v. Bank of ThomasvilleSupreme Court of Georgia · 1923
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