Washington Exchange Bank v. Smith
Supreme Court of Georgia
Certiorari; from Court of Appeals. 23 Ga. App. 356. This was a suit upon two promissory notes. The plaintiff, after an adverse verdict was rendered by the jury, made a motion for a new trial, which was overruled; and the case was carried by writ of error to the Court of Appeals, and that court upon review affirmed the decision of the lower court, with certain directions.
Read the full summary
Certiorari; from Court of Appeals. 23 Ga. App. 356. This was a suit upon two promissory notes. The plaintiff, after an adverse verdict was rendered by the jury, made a motion for a new trial, which was overruled; and the case was carried by writ of error to the Court of Appeals, and that court upon review affirmed the decision of the lower court, with certain directions. The following is a substantial statement of the material facts and questions involved in the record: The plaintiff, herein for convenience called the bank, brought suit on two notes, one for the principal sum of $5,000 and…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.)
1. In the course of the opinion affirming the judgment of the *653court below the Court of Appeals made this ruling: “2. Under the agreed statement of facts, the court, passing by consent upon all questions both of law and fact, did not err in finding and adjudging that the $5,000 note was the only note sued on which was secured by deed, and that the $447 note was not so secured. The deed in question, which secured the $5,000 note, was executed prior to the execution of the $447 note. The $447 note was, however, executed prior to the execution of the $5,000…
2Cases cited4 opinions
- Wylly v. ScrevenSupreme Court of Georgia · 1896
- Leffler Co. v. LaneSupreme Court of Georgia · 1917
- Bank of Chatsworth v. PattersonSupreme Court of Georgia · 1918
- Mizell v. KeslerSupreme Court of Georgia · 1911
3Cited by5 opinions
- Mandeville Mills v. MilamCourt of Appeals of Georgia · 1929
- Dudley v. Reconstruction Finance Corp.Supreme Court of Georgia · 1939
- Moultrie Banking Co. v. MobleySupreme Court of Georgia · 1930
- Mitchell v. Mandeville MillsSupreme Court of Georgia · 1935
- Rosedofsky v. CorosaSupreme Court of New Hampshire · 1945