Legal Opinion

Glennville Bank v. Deal

Supreme Court of Georgia

Decided November 16, 1916PublishedCited by 11 opinions

Injunction. Before Judge Sheppard. Tattnall superior court. February 18, 1916. In October, 1910, W. IT. Rogers sold to J. C. Deal certain land, and executed to him a bond conditioned to make good and sufficient warranty title to the land, free from all incumbrances, taking from Deal three promissory notes for the sum of $2000 each. After-wards Rogers procured three indorsers on the notes, without the knowledge of Deal, and indorsed the notes to the Glennville Bank.

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Injunction. Before Judge Sheppard. Tattnall superior court. February 18, 1916. In October, 1910, W. IT. Rogers sold to J. C. Deal certain land, and executed to him a bond conditioned to make good and sufficient warranty title to the land, free from all incumbrances, taking from Deal three promissory notes for the sum of $2000 each. After-wards Rogers procured three indorsers on the notes, without the knowledge of Deal, and indorsed the notes to the Glennville Bank. The first of the notes was paid by Deal, who also made a substantial payment on the other notes. The Glennville Bank instituted…

1Opinion of the CourtEvans, P. J.

(After stating the foregoing facts.)

1. The constitution declares that a citizen of this State, except in specified instances, must be sued in the county of his residence. Suits against joint promisors, joint obligors, copartners, or joint trespassers, residing in different counties, may be tried in either county. Suits against the maker and indorser of promissory notes, residing in different counties, shall be brought in the county where the maker resides. Civil Code (1910), §§ 6541, 6542. The action of the Glennville Bank against J. C. Deal as maker, and the other defendants as indorsers,…

2Cases cited4 opinions

  1. Wheeler v. MartinSupreme Court of Georgia · 1916
  2. Central Bank v. GibsonSupreme Court of Georgia · 1852
  3. Parish v. ParishSupreme Court of Georgia · 1861
  4. Merritt v. Bank of CuthbertSupreme Court of Georgia · 1915

3Cited by11 opinions

  1. George Washington Life Insurance v. PeacockCourt of Appeals of Georgia · 1954
  2. Henderson v. EllarbeeCourt of Appeals of Georgia · 1926
  3. Ivey v. State Mutual Insurance CompanySupreme Court of Georgia · 1946
  4. Kirkpatrick v. FawSupreme Court of Georgia · 1937
  5. Smith v. BukofzerSupreme Court of Georgia · 1935

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