Legal Opinion

Washington Loan & Banking Co. v. Holliday

Court of Appeals of Georgia

Decided May 11, 1921No. 11910PublishedCited by 4 opinions

Complaint; from city court of Washington- — -Judge Sutton. October 18, 1920. Application for certiorari was denied by the Supreme Court. A draft was as follows: “Washington, Ga., March 16, 1920 No....... “On demand pay to the order of Washington Loan and Banking Co. $ 30.00 Thirty.........................no/100. dollars “ To Georgia Preserving Co., Atlanta, Ga. [Signed] B. O. Griswell.”

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Complaint; from city court of Washington- — -Judge Sutton. October 18, 1920. Application for certiorari was denied by the Supreme Court. A draft was as follows: “Washington, Ga., March 16, 1920 No....... “On demand pay to the order of Washington Loan and Banking Co. $ 30.00 Thirty.........................no/100. dollars “ To Georgia Preserving Co., Atlanta, Ga. [Signed] B. O. Griswell.” As thus drawn, the draft was presented to Holliday, the defendant in this case, with the request that he indorse it; which he did. Afterwards and without his knowledge or consent, the figure “ 1 ” was inserted…

1Opinion of the CourtBloodworth, J.

(After stating the foregoing facts.) The first question to be determined in this case is, was Holliday an accommodation indorser, a surety? If he was, the second question is, was he liable to the bank on the instrument sued upon in its changed *794condition? That Holliday was merely an accomodation indorser, a surety, is borne out by the record, and is practically conceded by both parties to the suit. On the trial he swore that he “ did not get any part of the money produced by the cashing of the cheek— not a penny,” and counsel for the bank admit in their brief that “ Holliday, as now appears,…

2Cases cited9 opinions

  1. Rylander v. AllenSupreme Court of Georgia · 1906
  2. Wait v. PomeroyMichigan Supreme Court · 1870
  3. McMillan v. Heard National BankCourt of Appeals of Georgia · 1917
  4. Taylor v. Johnson ex rel. A. W. & W. P. CarmichaelSupreme Court of Georgia · 1855
  5. Hill v. O'NeillSupreme Court of Georgia · 1897

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Hamby v. CrispCourt of Appeals of Georgia · 1934
  2. South Atlanta Associates, Ltd. v. StrelzikCourt of Appeals of Georgia · 1989
  3. Dial v. Peoples Loan Incorporated.Court of Appeals of Georgia · 1942
  4. South Atlanta Associates, Ltd. v. StrelzikCourt of Appeals of Georgia · 1989

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