Ennis v. Reynolds
Supreme Court of Georgia
Complaint. Before Judge Hamilton. City court of Floyd county. December 2, 1905. W. H. Ennis, administrator of the estate of M. C. Mathis, brought suit upon two promissory notes, against John H. Reynolds as indorser. The notes were for $175 each, payable to John II. Reynolds, at the First National Bank, signed by S. T. Rhudy, trustee for children, and indorsed in blank by John II. Reynolds.
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Complaint. Before Judge Hamilton. City court of Floyd county. December 2, 1905. W. H. Ennis, administrator of the estate of M. C. Mathis, brought suit upon two promissory notes, against John H. Reynolds as indorser. The notes were for $175 each, payable to John II. Reynolds, at the First National Bank, signed by S. T. Rhudy, trustee for children, and indorsed in blank by John II. Reynolds. By amendment it was alleged that “J. H. Reynolds signed his name in blank upon the back of the notes for the purpose of negotiation, and thereby became liable upon such notes as security, and his name'…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) The notes were payable at a chartered bank. They were indorsed by the payee. It was immaterial whether he was an indorser for value or for accommodation. He was entitled to notice of dishonor, and could only be held liable as indorser in the event such notice was given. Apple v. Lesser, 93 Ga. 749. See also Aldine Manufacturing Company v. Warner, 96 Ga. 370; Sibley v. American Exchange Bank, 97 Ga. 145. The case of Hull v. Myers, 90 Ga. 674, is peculiar. In that case the indorsers were the directors of a corporation which was the maker of the note, and it…
2Cases cited4 opinions
- Hull v. MyersSupreme Court of Georgia · 1893
- Sibley v. American Exchange National BankSupreme Court of Georgia · 1895
- Apple v. LesserSupreme Court of Georgia · 1894
- Aldine Manufacturing Co. v. WarnerSupreme Court of Georgia · 1895
3Cited by7 opinions
- Massell v. Prudential Insurance Co. of AmericaCourt of Appeals of Georgia · 1938
- Carl S. Strickland Co. v. Union Banking Co.Court of Appeals of Georgia · 1931
- Frazee v. Phoenix National BankCourt of Appeals of Kentucky · 1914
- American Bank & Trust Co. v. McIntireCourt of Appeals of Georgia · 1923
- Murray v. AndersonCourt of Appeals of Georgia · 1946
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