Hill v. Freeman
Supreme Court of Georgia
Assumpsit, in Pike Superior Court, Tried before Judge Floyd, August Term, 1849. , On the 16th day of August, 1839, Robert Freeman, intestate of the defendants in error, executed to Joseph D. McFarland his promissory note for $3,287 00. McFarland indorsed this note to the Western Insurance and Trust Company of Columbus, Ga.
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Assumpsit, in Pike Superior Court, Tried before Judge Floyd, August Term, 1849. , On the 16th day of August, 1839, Robert Freeman, intestate of the defendants in error, executed to Joseph D. McFarland his promissory note for $3,287 00. McFarland indorsed this note to the Western Insurance and Trust Company of Columbus, Ga. After the death of Freeman,, to wit, on the 36th day of March, 1842, McFarland, as indorser, paid to the said Company the sum of $1400. On the 16th day of July, 1846, McFarland commenced his action against the defendants, as administrators of Freeman, for the recovery of…
1Opinion of the Court
By the Court. —
Nisbet, J.
delivering the opinion.
The declaration contains several counts. One founded on a note made by Freeman, the defendant’s intestate, to McFarland, *215the plaintiff’s intestate, by the latter indorsed and paid ; a count in the usual form by an indorsee who has paid the note against the maker.
One as payee of the same note, against the maker, and a common count for money paid, laid out and expended by the plaintiffs, for the use of the defendants. This suit is therefore for the. recovery of money paid by the plaintiff, in a note made to him by the defendants, and by him…
2Cases cited1 opinion
- Ezzell v. MaltbieSupreme Court of Georgia · 1849
3Cited by4 opinions
- Draper v. MedlockSupreme Court of Georgia · 1905
- National Bank v. Southern Porcelain Manufacturing Co.Supreme Court of Georgia · 1877
- Prisant v. FeingoldSupreme Court of Georgia · 1930
- Hadden v. FuquaSupreme Court of Georgia · 1942