Bank of the University v. Tuck
Supreme Court of Georgia
• Complaint on note. Before Judge Cobb. City court of Athens. September term, 1894. The bank sued Tuck as maker, and the Reaves Warehouse Company (a partnership) and R. K. Reaves as indorsers, on a promissory note for $2,200, dated January 20, 1892, due November 1, 1892, and payable to the Reaves Warehouse Company or order. None of the indorsers made any answer.
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• Complaint on note. Before Judge Cobb. City court of Athens. September term, 1894. The bank sued Tuck as maker, and the Reaves Warehouse Company (a partnership) and R. K. Reaves as indorsers, on a promissory note for $2,200, dated January 20, 1892, due November 1, 1892, and payable to the Reaves Warehouse Company or order. None of the indorsers made any answer. Tuck filed several pleas, the material one being, that he had paid off the note in full of principal and interest, in several payments (giving their dates and amounts), to the warehouse company; and that said company “was the agent of…
1Opinion of the Court
Lumpkin, Justice.
We do not think the legal questions involved in this case are very difficult of solution. The controversy between the parties was really one of fact, rather than of law. The reporter’s statement sets forth a condensed abstract of the pleadings and the evidence. The trial judge committed errors which necessitate another hearing. Our present decision is not intended to be final or *465•conclusive upon the merits, but the case is left open for the jury to decide under appropriate, legal instructions, which will doubtless be given when the next trial takes place.
1. One who pays a…
2Cited by18 opinions
- Walton Guano Co. v. McCallSupreme Court of Georgia · 1900
- Hancock v. Empire Cotton Oil Co.Court of Appeals of Georgia · 1915
- Harbaugh's EstateSupreme Court of Pennsylvania · 1935
- Roberts v. Bank of EufaulaCourt of Appeals of Georgia · 1917
- Bank of the University v. TuckSupreme Court of Georgia · 1897
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