Brooke v. Rutland & Co.
Court of Appeals of Georgia
Complaint; from city court of Atlanta—Judge Beid. December 13, 1913. The exception is to the overruling of a motion for a new trial.. The motion is upon the grounds that the verdict is contrary-to law and to evidence, and that the court erred in excluding testimony to the effect that the Steel Elevator & Storage Company, the maker of the note sued on, had five directors, two of whom—E. E. Gillette and J ohn E. Bell—refused to indorse it.
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Complaint; from city court of Atlanta—Judge Beid. December 13, 1913. The exception is to the overruling of a motion for a new trial.. The motion is upon the grounds that the verdict is contrary-to law and to evidence, and that the court erred in excluding testimony to the effect that the Steel Elevator & Storage Company, the maker of the note sued on, had five directors, two of whom—E. E. Gillette and J ohn E. Bell—refused to indorse it. It appeared that the note was indorsed by the three remaining directors—George W. Brooke, T. J. Brooke, and J ohn W. Gartner. It does not appear .that the…
1Opinion of the CourtBussell, C. J.
(After stating the foregoing facts.) Butland & Company brought suit against George W. Brooke and T. J. .Brooke upon a promissory note, executed in behalf of the Steel Elevator & Storage Company, by J ohn W. Gartner, its general manager. The trial judge directed a verdict in favor of the plaintiff, for the principal of the note, with interest. The Brookes moved for a new trial, but George "W. Brooke abandoned the motion, and T. J. Brooke alone excepts to the judgment overruling it.
Upon the back of the note appeared the signatures of George W. Brooke, John W. Gartner, and T. J. Brooke; and the…
2Cases cited6 opinions
- Heitmann v. Commercial BankCourt of Appeals of Georgia · 1909
- Hansford v. FreemanSupreme Court of Georgia · 1896
- Mercantile Bank of Memphis v. BusbyTennessee Supreme Court · 1908
- Gurley v. Hanrick's HeirsCourt of Appeals of Texas · 1911
- Bonner v. NelsonSupreme Court of Georgia · 1876
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3Cited by2 opinions
- Holland City State Bank v. Ahdawagam Furniture Co.Michigan Supreme Court · 1924
- Hillman v. Farmers State BankCourt of Appeals of Georgia · 1924