Legal Opinion

Sneed v. Hughes

Supreme Court of Georgia

Decided January 15, 1854No. 70PublishedCited by 2 opinions

Assumpsit in Baker Superior Court. Tried before Judge Perkins, October Term, 1853. This action was against Leroy Sneed, as the endorser upon a promissory note, made by Dudley Sneed, Jr., and payable to E. P. Sneed or bearer. The endorser pleaded non est factum ; and on the trial of tins issue, it appeared that Leroy Sneed transferred the note to James R. George; and that George transferred it, with the endorsement upon it, to Hughes, the plaintiff in the action.

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Assumpsit in Baker Superior Court. Tried before Judge Perkins, October Term, 1853. This action was against Leroy Sneed, as the endorser upon a promissory note, made by Dudley Sneed, Jr., and payable to E. P. Sneed or bearer. The endorser pleaded non est factum ; and on the trial of tins issue, it appeared that Leroy Sneed transferred the note to James R. George; and that George transferred it, with the endorsement upon it, to Hughes, the plaintiff in the action. After some evidence introduced by both parties, the plaintiff below tendered the depositions of James R. George, to whom the note…

1Opinion of the Court

By the Court.

Starnes, J.,

delivering the opinion.

It has been sometimes held, that a person who transfers a *543promissory note for a valuable consideration, though by delivery only, warrants by implication, that the instrument is genuine, and not forged or fictitious. And this implied warranty is said to extend also to any endorsement which may precede the transfer. (Oh. on Bills, 245.)

[1.] As we are enabled to do so, we prefer to put this case on stronger grounds. The correctness of the above position may be doubted; but it will not be doubted that if the party assigning, knows that the note…

2Cases cited1 opinion

  1. Winter v. BullockSupreme Court of Georgia · 1849

3Cited by2 opinions

  1. Cressler v. BrownSupreme Court of Oklahoma · 1920
  2. Cressler v. BrownSupreme Court of Oklahoma · 1920

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