Legal Opinion
MARKAN REALTY COMPANY v. Klarman
Court of Appeals of Georgia
Decided June 11, 1959No. 37733PublishedCited by 2 opinions
1Opinion of the Court
Nichols, Judge.
The defendant’s answer’, among other things, alleged a failure of consideration and denied that she was indebted to the plaintiff as of the date the check was issued.
The check sued on was made payable to the plaintiff, and under the decisions of this court in the cases of Davis v. National City Bank of Rome, 46 Ga. App. 194 (1) (167 S. E. 191), and Pendley v. Credit Equipment Corp., 92 Ga. App. 658 (89 S. E. 2d 567), the payee cannot be a holder in due course of a negotiable instrument so as to preclude a defense of failure of consideration unless the instrument on which the…
2Cases cited9 opinions
- Carmichael Tile Co. v. McClellandSupreme Court of Georgia · 1957
- Southern Express Co. v. MaddoxCourt of Appeals of Georgia · 1907
- Board of Education of Madison County v. FowlerSupreme Court of Georgia · 1941
- Davis v. National City BankCourt of Appeals of Georgia · 1932
- Pendley v. Credit Equipment Corp.Court of Appeals of Georgia · 1955
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brown v. ScalesCourt of Appeals of Georgia · 1964
- Golden v. NewsomeCourt of Appeals of Georgia · 1985