Bonaud v. Genesi
Supreme Court of Georgia
Promissory Notes. Collaterals. Injunction. Before Judge Clark. Macon County. February, 1871. Bonaud alleged as follows: He and C. Genesi, of New York, were partners in Savannah, Georgia, dealing in guano, etc., under the firm name of “ O. Genesi.” For the use of the firm, he contracted debts, in borrowing money, etc., which the firm used.
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Promissory Notes. Collaterals. Injunction. Before Judge Clark. Macon County. February, 1871. Bonaud alleged as follows: He and C. Genesi, of New York, were partners in Savannah, Georgia, dealing in guano, etc., under the firm name of “ O. Genesi.” For the use of the firm, he contracted debts, in borrowing money, etc., which the firm used. The firm sold largely and took paper, payable to the order of C. Genesi, which Genesi gave him a power of attorney to collect and apply to the payment of the firm debts, the claims all being in the hands of the firm's agents in Georgia. Genesi has pretended…
1Opinion of the CourtMcCay, J.
By the answers of these defendants, Brown is the actual purchaser of the drafts, bona fide, and without notice. The Goodkinds are the holders, as collateral security. If innocent holders, they stand, by section 2746 of the Revised Code, on the same footing as any other innocent purchasers. If they have given credit on them, put themselves under new obligations, by virtue of their receipt, they are protected.
Taking all these answers and affidavits together, we are not prepared to say that the Judge has abused his discretion in refusing this injunction. The most that can be said for the…
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- Haydon v. NicolettiNevada Supreme Court · 1884
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