Armstrong v. Citizens & Southern Bank
Supreme Court of Georgia
Equitable. petition. Before Judge Hammond. Richmond superior court. March 13, 1915. The Citizens & Southern Bank brought suit against the Irish-American Bank as maker, and James P. Armstrong and Patrick Armstrong as sureties, upon a promissory note dated December 2, 1913, and due January 1, 1914, which contained this clause: “To secure the prompt payment of this note, as well as any other liability of ours to the Citizens & Southern Bank, due or to become due, or that may be…
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Equitable. petition. Before Judge Hammond. Richmond superior court. March 13, 1915. The Citizens & Southern Bank brought suit against the Irish-American Bank as maker, and James P. Armstrong and Patrick Armstrong as sureties, upon a promissory note dated December 2, 1913, and due January 1, 1914, which contained this clause: “To secure the prompt payment of this note, as well as any other liability of ours to the Citizens & Southern Bank, due or to become due, or that may be hereafter contracted, we have deposited vsdth said Bank, and pledged to it as collateral security, the following…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.)
1. The demurrer to the declaration on the ground that there was no list of the collateral securities attached was properly overruled. It is true the note recites that to secure the prompt payment thereof there- were deposited with the bank and pledged to it as collateral security, among other property, “customers’ notes as per list,” but this was not the equivalent of reciting that the list was attached to the note or made a part thereof; and the declaration on the note was sufficient without attaching a list of the customers’ notes.
2. We are of the opinion…
2Cases cited4 opinions
- Yeatman v. Savings InstitutionSupreme Court of the United States · 1878
- Fisher v. George S. Jones Co.Supreme Court of Georgia · 1899
- Johnson v. LongleySupreme Court of Georgia · 1914
- Mauck v. Atlanta Trust & Banking Co.Supreme Court of Georgia · 1901
3Cited by6 opinions
- Hurt v. CITIZENS TRUST COMPANYCourt of Appeals of Georgia · 1973
- Eatonton Oil & Auto Co. v. Greene CountyCourt of Appeals of Georgia · 1936
- Crawford v. Citizens & Southern BankCourt of Appeals of Georgia · 1917
- Martin v. AckmanCourt of Appeals of Kentucky (pre-1976) · 1937
- Griffin v. H. C. Whitmer Co.Court of Appeals of Georgia · 1938
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