Legal Opinion

Young v. Murray

Court of Appeals of Georgia

Decided December 9, 1907No. 592PublishedCited by 3 opinions

Complaint, from city court of Sylvester — Judge Park. May •38, 1907.

1Opinion of the Court

Hill, O. J.

1. A promissory note payable to the order of an agent of a corporation, both being specified by name in the note, is in legal effect payable to the corporation, but either the principal or the agent can maintain an action on it. Civil Code, §3037, par. 2; Martin v. Lamb, 77 Ga. 252 (3 S. E. 10).

'2. Where the defense to a note given for • fertilizers is that the packages of fertilizers did not have tags attached as required by law, the burden is on the defendant to prove the fact. Civil Code, §5160; Avera v. Tool, 74 Ga. 398; Lorentz v. Conner, 69 Ga. 761; Holt v. Navassa Guano Co.,…

2Cases cited3 opinions

  1. Martin v. Lamb & Co.Supreme Court of Georgia · 1887
  2. Whitley v. HudsonSupreme Court of Georgia · 1902
  3. Holt v. Navassa Guano Co.Supreme Court of Georgia · 1902

3Cited by3 opinions

  1. Bartow Guano Co. v. AdairCourt of Appeals of Georgia · 1923
  2. Griner v. Baggs & PerryCourt of Appeals of Georgia · 1908
  3. Hillis v. Comer & Co.Court of Appeals of Georgia · 1913

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