Cochran v. Strong
Supreme Court of Georgia
Parties to Suits. Transfer of Contract for Specifics. Before Judge Hark ell. .Terrell Superior Court. May Term, 1871. C. H. Strong sued, for the use of A. C. Schaeffer & Company, Cochran as maker and King as indorser of the instrument copied in the opinion. Defendant contended that King was not liable on his said indorsement, and that suit on said paper could only be brought by King for the use of the party having the beneficial interest in the paper.
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Parties to Suits. Transfer of Contract for Specifics. Before Judge Hark ell. .Terrell Superior Court. May Term, 1871. C. H. Strong sued, for the use of A. C. Schaeffer & Company, Cochran as maker and King as indorser of the instrument copied in the opinion. Defendant contended that King was not liable on his said indorsement, and that suit on said paper could only be brought by King for the use of the party having the beneficial interest in the paper. The Court ruled against these positions. Defendants then sought to prove that Bridgeman failed and never paid Cochran any of the cotton alluded…
1Opinion of the Court
Montgomery, Judge.
The defendant in error sued Cochran and Benjamin King upon an agreement made by Cochran, whereby he promised to pay King thirty-five bales of cotton for an half interest in a plantation, the payment to be made out of certain cotton “ to be paid by S. D. Bridgeman to the said Cochran, under written contract between them, bearing date 22d instant, and now in the hands of said D. A. Cochran, and subject to the same liens and contingencies.” No copy of this last named agreement accompanied the record. The instrument sued on was indorsed—
“ For value received, I transfer the…
2Cases cited2 opinions
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