Anderson Banking Co. v. Chandler
Supreme Court of Georgia
The Court of Appeals certified (in Case No. 10820) the following questions: “ 1. Where a note signed by R. A. Chandler as maker and containing the name of John A. Fowler as the payee is, at the instance and request of R. A. Chandler, the maker, indorsed by Thos.
Read the full summary
The Court of Appeals certified (in Case No. 10820) the following questions: “ 1. Where a note signed by R. A. Chandler as maker and containing the name of John A. Fowler as the payee is, at the instance and request of R. A. Chandler, the maker, indorsed by Thos. J. Shackelford, W. G. Cornett, and G. D. Cook, as accommodation indorsers, and is afterwards, without the knowledge or consent of any of the said indorsers, altered by erasing the name of John A. Fowler as the payee and substituting therefor on the face of the note the name of W. G. Cornett (one of the indorsers) as the payee, and…
1Opinion of the CourtFish, C. J.
The Civil Code (1910), § 5676, is as follows: “The plea of non est factum is a denial of the exeéution of the instrument sued upon, and applies to notes and other instruments, as well as deeds, and applies only when the execution of the instrument is alleged to be the act of the party filing the plea, or adopted by him.” A bona fide holder for value of a promissory note, who receives the same before it is due and without notice of any defect or defense, is not protected from the defense of non est factum set up by the maker or indorser. Civil Code (1910), § 4286. The plea of non est.factum…
2Cases cited18 opinions
- Wilson v. BarnardCourt of Appeals of Georgia · 1911
- Shirley v. SwaffordSupreme Court of Georgia · 1903
- Draper v. WoodMassachusetts Supreme Judicial Court · 1873
- Horn v. Newton City BankSupreme Court of Kansas · 1884
- Burch v. PopeSupreme Court of Georgia · 1901
13 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Washington Loan & Banking Co. v. HollidayCourt of Appeals of Georgia · 1921
- Anderson Banking Co. v. ChandlerCourt of Appeals of Georgia · 1921