Benson v. Dublin Warehouse Co.
Supreme Court of Georgia
Complaint on notes. Before Judge Beese. Wilkes superior court. November term, 1895. Tbe Dublin Warehouse Go. sued Thomas E. Eortson as maker, and James A. Benson as endorser, upon two promissory notes. Benson filed special pleas which were stricken on motion of the plaintiff.
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Complaint on notes. Before Judge Beese. Wilkes superior court. November term, 1895. Tbe Dublin Warehouse Go. sued Thomas E. Eortson as maker, and James A. Benson as endorser, upon two promissory notes. Benson filed special pleas which were stricken on motion of the plaintiff. They were in the following 'words: “For further plea defendant says that the consideration of said notes was in whole or in part money advanced by said Dublin Warehouse Company, to be used as margins in speculating in cotton futures, or options and loans on same; that said company made such advances with full knowledge…
1Opinion of the CourtLumpkin, J.
1. Where a promissory note is executed by one person, and another, who is not the payee and whose indorsement is neither essential nor proper to the transmission of title to the note, signs his name upon the back of it, he becomes liable thereon either as joint principal or as a surety, but does not, by thus signing his name, enter into such a contract of indorsement as will cut 'him off from setting up against the payee the defense that the note was founded upon an illegal consideration, and therefore void.
2. A promissory note given for money which had been advanced by the payee to the maker…
2Cited by5 opinions
- Singleton v. Bank of MonticelloSupreme Court of Georgia · 1901
- Booth v. HuffSupreme Court of Georgia · 1902
- Allen v. SamsCourt of Appeals of Georgia · 1923
- Saussy & Huxford v. WeeksSupreme Court of Georgia · 1905
- Mixon v. Walker & WalkerCourt of Appeals of Georgia · 1911