Van Epps v. Jones
Supreme Court of Georgia
Slander. Attorney. Damages. Before Judge Hopkins. Fulton Superior Court. April Term, 1873. Van Epps brought an action for damages against Jones, making the following case: On December 26th, 1871, defendant, being a Notary Public for the county of Fulton, received from the Georgia National Bank a draft, dated at Macon, Georgia, December 22d, 1871, drawn by Grier, Lake & Company, to the order of themselves, for the sum of $95 22, on plaintiff, at sight, which draft the said…
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Slander. Attorney. Damages. Before Judge Hopkins. Fulton Superior Court. April Term, 1873. Van Epps brought an action for damages against Jones, making the following case: On December 26th, 1871, defendant, being a Notary Public for the county of Fulton, received from the Georgia National Bank a draft, dated at Macon, Georgia, December 22d, 1871, drawn by Grier, Lake & Company, to the order of themselves, for the sum of $95 22, on plaintiff, at sight, which draft the said drawers indorsed in blank and delivered for collection to one W. P. Goodall, cashier of a banking institution in said city…
1Opinion of the Court
McCay, Judge.
1. Without doubt a Notary is liable for any damage caused by his failure properly to perform the duty- he undertakes, and this action would not be demurrable if it alleged that any damage flowed from the failure of the Notary to present the draft. The damage alleged, the cost of protest, the plaintiff was not bound to pay. There is no allegation that the draft was protestable paper, payable at bank, and if not protestable paper, the plaintiff paid it when he was not liable to do so : 30 Georgia, 271; 29 Ibid., 259. But this does not pretend to be an action for neglect of the…
2Cited by26 opinions
- Curtis Publishing Company v. Wallace Butts, Wallace Butts v. Curtis Publishing CompanyCourt of Appeals for the Fifth Circuit · 1965
- Davis v. General Finance & Thrift Corp.Court of Appeals of Georgia · 1950
- May v. JonesSupreme Court of Georgia · 1891
- Mell v. EdgeCourt of Appeals of Georgia · 1942
- Haggard v. ShawCourt of Appeals of Georgia · 1959
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