Cason v. Heath
Supreme Court of Georgia
Promissory notes. Payment. Contracts. Principal and agent. Principal and surety. Before Judge Lump-kin. Warren superior court. April term, 1890. The action was by Cason as bearer and owner, against Heath as maker, and Thompson as security, of the note sued on. After a second verdict for the plaintiff, a new trial was again granted on motion of Thompson.
1Opinion of the Court
Simmons, Justice.
Hnder the facts as disclosed by the record, the trial judge did not err in granting a second new trial in this case. Under these facts the plaintiff could not recover. While Cason may have given Iieath, the maker of the note, the money for the purpose of purchasing the note from Baker, the holder, for him (Cason), Heath violated his instructions and his trust in not informing Baker, the holder of the note, of said trust. Baker did not know when he received the money from Heath hut that it was in payment of the note. Heath did not tell him that Cason had sent the money by him…
2Cases cited2 opinions
- Lancey v. . ClarkNew York Court of Appeals · 1876
- Burr v. SmithNew York Supreme Court · 1855
3Cited by8 opinions
- Third National Bank v. PoeCourt of Appeals of Georgia · 1908
- First National Bank of Seattle v. HarrisWashington Supreme Court · 1893
- Schwitzerlet-Seigler Co. v. Citizens & Southern BankSupreme Court of Georgia · 1923
- Travis v. SamsCourt of Appeals of Georgia · 1919
- Smith v. Commercial National BankSouth Dakota Supreme Court · 1895
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