Legal Opinion

Gibson v. Conner

Supreme Court of Georgia

Decided July 15, 1847No. 7PublishedCited by 12 opinions

Assumpsit upon Promissory Note. Tried before Judge Alexander. In Stewart Superior Court. April Term, 1847. Tbe note sued on was payable to Jernigan Lawrence & Co., or bearer, and had been transferred to the defendant in error, before due.

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Assumpsit upon Promissory Note. Tried before Judge Alexander. In Stewart Superior Court. April Term, 1847. Tbe note sued on was payable to Jernigan Lawrence & Co., or bearer, and had been transferred to the defendant in error, before due. The plea alleged, that this note was first transferred by the payees to Stewart & Fountain, as collateral security only, and not as absolute property ; and afterwards was tranferred by Stewart & Fountain to the defendant in error, as collateral security only, and not as absolute property. The first transfer, to secure Stewart & Fountain as creditors of the…

1Opinion of the Court

By the Court.

Nisbet, J.

delivering the opinion.

The record in this case discloses, that the plaintiff received the note declared on, as collateral security for existing liabilities. The suit was brought against the maker, who set up in defence certain equities between him and the payee. The plea was demurred to, on the ground that it did not aver that the note was *48transferred after maturity, or that the holder took it with notice of the equity. The reply to the demurrer in argument was, that inasmuch as the plaintiff took the note as collateral security only, he did not pay value for it in the…

2Cases cited5 opinions

  1. Swift v. TysonSupreme Court of the United States · 1842
  2. Bank of Salina v. BabcockNew York Supreme Court · 1839
  3. Thurston v. M'KownMassachusetts Supreme Judicial Court · 1810
  4. Savings Bank of New-Haven v. BatesSupreme Court of Connecticut · 1831
  5. Havens v. HuntingtonNew York Supreme Court · 1823

3Cited by12 opinions

  1. Few v. PouCourt of Appeals of Georgia · 1924
  2. Patterson & Co. v. PetersonCourt of Appeals of Georgia · 1915
  3. Harrell v. National Bank of CommerceSupreme Court of Georgia · 1907
  4. Straughan v. FairchildIndiana Supreme Court · 1881
  5. Timmons v. Butler, Stevens & Co.Supreme Court of Georgia · 1912

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