Downing Co. v. Pearson Banking Co.
Court of Appeals of Georgia
Action for damages, etc.; from city court of Douglas—Judge Bryan. November 20, 1916. The petition of the Downing Company alleged that the Pearson Banking Company, a corporation, had injured and damaged plaintiff in the sum of $235, by reason of the following facts: that on May 3, 1909, a draft for $235, purporting to have been drawn by the Douglas Naval Stores Company, by E. E. Fisher, upon the petitioner as drawee, was cashed by the defendant bank and transferred to the…
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Action for damages, etc.; from city court of Douglas—Judge Bryan. November 20, 1916. The petition of the Downing Company alleged that the Pearson Banking Company, a corporation, had injured and damaged plaintiff in the sum of $235, by reason of the following facts: that on May 3, 1909, a draft for $235, purporting to have been drawn by the Douglas Naval Stores Company, by E. E. Fisher, upon the petitioner as drawee, was cashed by the defendant bank and transferred to the 'defendant by Fisher; that attached to the draft were what purported to be two bills of lading issued by the Atlanta,…
1Opinion of the CourtGeorge, J.
(After stating the foregoing -factsl) The question for determination in this case would be without difficulty except for the inferential allegation in the petition, that Fisher was wanting in authority to draw the draft in the name of the Douglas Naval Stores Company. The petition does not aver that the party actually drawing the draft was other than E. F. Fisher, nor does it distinctly and unequivocally allege that Fisher did not have authority to draw the draft in the name of Douglas Naval Stores Company. Construing the petition most strongly against the plaintiff in error, the charge is…
2Cases cited5 opinions
- Goetz v. Bank of Kansas CitySupreme Court of the United States · 1887
- United States v. AlexanderSupreme Court of the United States · 1871
- Woods v. Colony BankSupreme Court of Georgia · 1902
- Yatesville Banking Co. v. Fourth National BankCourt of Appeals of Georgia · 1911
- Nebraska Hay & Grain Co. v. First National BankNebraska Supreme Court · 1907