Moody v. Threlkeld
Supreme Court of Georgia
Debt, in Spalding Superior Court. Tried before Judge Starke. November Term, 1852. This was an action of debt, brought by John L. Moody, as administrator on the estate of John II. Ncwland, deceased, against the defendant in error, on the following note: “ On or before the first day of January, eighteen hundred and forty-two, wc or either of us promise to pay to administrators of estate of John II.
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Debt, in Spalding Superior Court. Tried before Judge Starke. November Term, 1852. This was an action of debt, brought by John L. Moody, as administrator on the estate of John II. Ncwland, deceased, against the defendant in error, on the following note: “ On or before the first day of January, eighteen hundred and forty-two, wc or either of us promise to pay to administrators of estate of John II. Newland, eleven hundred and twenty dollars, and eighty-five cents, for value received. August, 22d, 1840. T. J. TIIRELKELD. GEORGE W. SIMS. The action was commenced on the 22d day of January, 1851.…
1Opinion of the Court
*58 By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Was the paper sued on a promissory note? We think so — most clearly.
We recognize the general principle, that it is essential to the validity of a promissory note, that it should be certain as to the person to whom it is payable ; (Story on Pro. Not. §33, note 3,) and that parol proof is inadmissible to supply a defect in this respect. II. §35. Rut this does not mean that the person to whom the note is payable, should be made known by name, on the face of the note itself.
[2.] It is admitted, that a note payable to bearer merely, without…
2Cases cited2 opinions
- Nixon v. HyserottNew York Supreme Court · 1809
- Beals v. AllenNew York Supreme Court · 1820
3Cited by22 opinions
- Cox v. StricklandSupreme Court of Georgia · 1904
- Anderson v. GoodwinSupreme Court of Georgia · 1906
- Pryor v. American Trust & Banking Co.Court of Appeals of Georgia · 1915
- Sheldon & Co. v. Emory UniversitySupreme Court of Georgia · 1937
- Hancock v. Empire Cotton Oil Co.Court of Appeals of Georgia · 1915
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