Legal Opinion

Continental Guaranty Corp. v. Smoke

Court of Appeals of Georgia

Decided February 8, 1923No. 13439PublishedCited by 4 opinions

Certiorari; from Chatham superior court — Judge Meldrim. February 3, 1922.

1Opinion of the CourtStephens, J.

1. Where a negotiable promissory note is payable in installments in certain definite amounts upon various consecutive dates, and before the payment and maturity of any of the installments the payee, without the knowledge of the maker, transfers the note to another and the maker thereafter continues to pay to the payee a number of the installments as they fall due, which the payee transmits to the transferee, who accepts the same in payment of the installments due, such a course of dealing is sufficient to authorize the inference that the transferee of the note had constituted the payee the…

2Cases cited2 opinions

  1. McConnell v. East Point Lard Co.Supreme Court of Georgia · 1897
  2. Peel v. ShepherdSupreme Court of Georgia · 1877

3Cited by4 opinions

  1. Brown v. Guaranty Securities Co.Texas Commission of Appeals · 1924
  2. Northside Building & Investment Co. v. Finance Co. of AmericaCourt of Appeals of Georgia · 1969
  3. Powell v. Bank of ManchesterCourt of Appeals of Georgia · 1933
  4. Automobile Financing Inc. v. TatumCourt of Appeals of Georgia · 1937

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