Harris v. Bank of Little Rock
Supreme Court of Georgia
Complaint. Before Judge Sheffield. Terrell superior court. May term, 1898. The Bank of Little Rock sued Harris upon his promissory note payable to the Dudley E. Jones Company and indorsed by that company to the plaintiff. The defendant pleaded that the plaintiff was not a bona fide holder of the note before maturity, and that the consideration of the note had failed. At the trial the plaintiff introduced in evidence the note sued on, and closed.
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Complaint. Before Judge Sheffield. Terrell superior court. May term, 1898. The Bank of Little Rock sued Harris upon his promissory note payable to the Dudley E. Jones Company and indorsed by that company to the plaintiff. The defendant pleaded that the plaintiff was not a bona fide holder of the note before maturity, and that the consideration of the note had failed. At the trial the plaintiff introduced in evidence the note sued on, and closed. The defendant offered to testify, that a short while before the maturity of the note, he received by due course of mail a letter from the Dudley E.…
1Opinion of the CourtLittle, J.
Under the pleadings in the case, the burden was upon the defendant below to satisfactorily show to the jury that the plaintiff was not a bona fide holder of the note for value before maturity, The note sued on was payable to the order of Dudley E. Jones Company, was therefore negotiable, and, as appears in the record, was properly indorsed and held by the plaintiff The note bore date November 8, 1895, and became due by its terms on September 15, 1896. The plaintiff was m *409possession of this note at the time the action was instituted. The presumption, therefore, is that it was a bona fide…
2Cases cited1 opinion
- Rhodes v. BeallSupreme Court of Georgia · 1884
3Cited by10 opinions
- Federal Reserve Bank v. HaynieCourt of Appeals of Georgia · 1933
- Samples v. SamplesSupreme Court of Georgia · 1942
- Levin v. American Furniture Co.Supreme Court of Georgia · 1909
- Rabun v. Commercial National BankCourt of Appeals of Georgia · 1917
- Carl S. Strickland Co. v. Union Banking Co.Court of Appeals of Georgia · 1931
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