Davenport v. State Banking Co.
Supreme Court of Georgia
Complaint. Before Judge Prior. City court of Hall county. May 15, 1905. The State Banking Company brought suit for the sum of $93.96 .and interest, against Davenport as indorser for value, upon two. promissory notes, each dated September 1, 1902, and due December 1, thereafter, each being executed by Lipscomb as maker, payable to the order of Davenport and indorsed by the payee to the plaintiff.
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Complaint. Before Judge Prior. City court of Hall county. May 15, 1905. The State Banking Company brought suit for the sum of $93.96 .and interest, against Davenport as indorser for value, upon two. promissory notes, each dated September 1, 1902, and due December 1, thereafter, each being executed by Lipscomb as maker, payable to the order of Davenport and indorsed by the payee to the plaintiff. Davenport admitted the execution of the notes, that he had indorsed them to the plaintiff, and that the latter was the legal holder of the same; but he pleaded that as surety he had been released from…
1Opinion of the CourtCobb, P. J.
(After stating the facts.) The precise question made in this ease has never been decided by this court, and in respect thereto there is, in principle, a conflict in the decisions whicli have been rendered in other jurisdictions. We say there is a conflict in principle, because if we take the cases in which a surety upon a note held by a bank claimed to have been discharged because, at the lime of its maturity, the principal had sufficient funds on general deposit in the bank to pay it, and the bank failed to charge the amount of the note up against such deposit account, there is really not…
2Cases cited19 opinions
- National Mahaiwe Bank v. PeckMassachusetts Supreme Judicial Court · 1879
- Second Nat'l Bank v. HillIndiana Supreme Court · 1881
- Ricks v. BroylesSupreme Court of Georgia · 1887
- Thomas R. Wood & Co. v. Merchants' Saving, Loan & Trust Co.Illinois Supreme Court · 1866
- Grissom v. Commerial National BankTennessee Supreme Court · 1889
14 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United States v. Citizens and Southern National Bank, United States of America v. Citizens and Southern National BankCourt of Appeals for the Fifth Circuit · 1976
- First Nat. Bank of Midland v. PowellCourt of Appeals of Texas · 1912
- Moreland v. Peoples BankMississippi Supreme Court · 1917
- Macon National Bank v. SmithSupreme Court of Georgia · 1930
- Marler v. Rockmart BankCourt of Appeals of Georgia · 1978
17 more not listed; retrieve them via the Exa API.