Bonner v. Nelson
Supreme Court of Georgia
Principal and security. Negotiable instruments. Presumptions. Confederate money. Before Judge Hill. Twiggs Superior Court. October Adjourned Term, 1875. Bonner, as guardian, brought complaint against Woodall, as principal, and Nelson, as security, on a note dated February 18th, 1863, for $2,610 37, payable to plaintiff or bearer, and due on January 1st, 1864. Woodall made no defense.
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Principal and security. Negotiable instruments. Presumptions. Confederate money. Before Judge Hill. Twiggs Superior Court. October Adjourned Term, 1875. Bonner, as guardian, brought complaint against Woodall, as principal, and Nelson, as security, on a note dated February 18th, 1863, for $2,610 37, payable to plaintiff or bearer, and due on January 1st, 1864. Woodall made no defense. Nelson pleaded, in substance, as follows : * 1st. Three or four years prior to the making of the instrument sued on, this defendant and one Herbert Reynolds, signed a note as co-securities for Woodall for about…
1Opinion of the Court
Bleckley, Judge.
1. If the renewal note was incomplete for lack of the signature of one of the sureties who had signed the former note, and the creditor accepted it, knowing it to be incomplete, it would not be binding upon the surety who signed it. But if the latter signed and delivered the note to the principal, with no understanding, express or implied, that if was to be signed by the former co-surety; or if there was such an understanding, and the principal, in violation of it, delivered the note to the creditor, and the creditor took it and surrendered the old note, without any notice…
2Cases cited6 opinions
- Ives v. BosleyCourt of Appeals of Maryland · 1872
- Sailly v. ElmoreNew York Court of Chancery · 1831
- Sears v. Van DusenMichigan Supreme Court · 1872
- Joslyn v. EastmanSupreme Court of Vermont · 1873
- Second Nat. B'k of Oswego v. . PoucherNew York Court of Appeals · 1874
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3Cited by17 opinions
- Heitmann v. Commercial BankCourt of Appeals of Georgia · 1909
- Moore v. Farmers' Mutual Insurance Asso.Supreme Court of Georgia · 1899
- Anderson v. GoodwinSupreme Court of Georgia · 1906
- Tatum v. MorganSupreme Court of Georgia · 1899
- Hancock v. Empire Cotton Oil Co.Court of Appeals of Georgia · 1915
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