Legal Opinion

Flournoy & Epping v. First National Bank

Supreme Court of Georgia

Decided February 1, 1887PublishedCited by 5 opinions

Interrogatories. Evidence. Witness. Negotiable Instruments. Laws. Comity. Corporations. Before Judge Ingram. City Court of Columbus.

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Interrogatories. Evidence. Witness. Negotiable Instruments. Laws. Comity. Corporations. Before Judge Ingram. City Court of Columbus. July Term, 1886. The First National Bank of Jeffersonville, Indiana, a corporation of that State, brought suit against Flournoy & Epping on an accepted draft, drawn by M. A. Sweeney & Brother on defendants, dated September 29, 1885, payable thirty days after sight, accepted October 14, made payable thirty days thereafter, and protested for non-payment November 16, 1885. This was endorsed by the drawers. The jury found for the plaintiff. The defendants made a…

1Opinion of the Court

Bleckley, Chief Justice.

1. A motion to suppress the interrogatories of a witness was overruled. It was based oh three grounds : (1) The lack of anything to identify the witness examined with the witness referred to in the commission. (2) The lack of a preamble to the answers. (3) Failure to show the place of execution. ' As to the first ground, we have no means of deciding. The name of the witness examined is subscribed to the answers, and if the same name was inserted in the commission, as seems to be conceded, there is a fair presumption that the person referred to in the commission was the…

2Cases cited3 opinions

  1. Rogers v. TruettSupreme Court of Georgia · 1884
  2. Farmer v. TaylorSupreme Court of Georgia · 1876
  3. Caswell v. Central Railroad & Banking Co.Supreme Court of Georgia · 1873

3Cited by5 opinions

  1. Jones v. LawmanCourt of Appeals of Georgia · 1937
  2. Tolerton & Stetson Co. v. Anglo-California Bank, Ltd.Supreme Court of Iowa · 1901
  3. Folsom v. Continental Adjustment Corp.Court of Appeals of Georgia · 1934
  4. Freeman v. Savannah Bank & Trust Co.Supreme Court of Georgia · 1892
  5. Findlay v. Mineralized Rubber Co.Supreme Court of Georgia · 1896

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