Atlantic National Bank v. Edmund

Hall, Judge.

The plaintiff complains that the trial court charged the jury to the effect that unless the payee of the check had authorized his wife in writing to indorse the check for him, the Bank would not be a holder in due course.

Generally, the authority delegated to an agent must be conferred upon him with the same degree of formality as is required of the agent in the execution of the powers delegated. Code § 4-105; Byrd v. Piha, 165 Ga. 397 (2) (141 SE 48). It is also true that under the Negotiable Instruments Law an indorsement must be written on the instrument itself or upon a paper…