Hardin v. Bank of Harlem
Supreme Court of Georgia
Complaint. Before Judge Hammond. Columbia superior court. March 22, 1915. The Bank of Harlem instituted suit upon a promissory note dated February 29, 1912, signed “ J. S. & J. F. Hardin,” payable at a future date to the order of the makers, and indorsed in blank by them. Written on the lower margin of the note was the following: “This note given for ten shares of stock in Athens Insurance Agency, with guarantee of a 10% annual dividend.”
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Complaint. Before Judge Hammond. Columbia superior court. March 22, 1915. The Bank of Harlem instituted suit upon a promissory note dated February 29, 1912, signed “ J. S. & J. F. Hardin,” payable at a future date to the order of the makers, and indorsed in blank by them. Written on the lower margin of the note was the following: “This note given for ten shares of stock in Athens Insurance Agency, with guarantee of a 10% annual dividend.” The note contained a clause promising tó pay 10 per cent, of principal and interest as attorney’s fees, should the maker fail to pay, etc. The petition set…
1Opinion of the CourtAtkinson, J.
1. Paragraph 5 of the plea sought to set up failure of consideration of the note, on the ground that it was given for certain stock in the Athens Insurance Agency, which was being sold by one Guest, -to whom the note was delivered, that in making the sale Guest made certain guaranties as to the present value of the stock and as to future dividends it would pay, but that in fact at the time of the sale of the stock the company was insolvent, and soon thereafter it went into the hands of a receiver, and the stock was entirely worthless at the time of the purchase. The note was executed before…
2Cases cited8 opinions
- Hendrix v. Bauhard Bros.Supreme Court of Georgia · 1912
- Hudson v. BestSupreme Court of Georgia · 1898
- Parr v. EricksonSupreme Court of Georgia · 1902
- Bank of Commerce v. Barrett, Carter & Co.Supreme Court of Georgia · 1868
- Bank of Lavonia v. BushSupreme Court of Georgia · 1913
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3Cited by1 opinion
- State Banking Co. v. MorganCourt of Appeals of Georgia · 1923