Legal Opinion

Hirsch v. Oliver

Supreme Court of Georgia

Decided April 17, 1893PublishedCited by 32 opinions

Before Judge Fish.- Sumter superior court. November term, 1891. Mrs. Oliver brought six suits in the county court, upon six promissory notes each for $66.66, dated July ■8, 1885, due respectively May, June, July, August, September and October, 1886, payable to H. Horne, agent for Mrs. Oliver, or bearer, and signed A. Hirsch & Co. Upon their left-hand corners were the words : “ Bent note.

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Before Judge Fish.- Sumter superior court. November term, 1891. Mrs. Oliver brought six suits in the county court, upon six promissory notes each for $66.66, dated July ■8, 1885, due respectively May, June, July, August, September and October, 1886, payable to H. Horne, agent for Mrs. Oliver, or bearer, and signed A. Hirsch & Co. Upon their left-hand corners were the words : “ Bent note. To be surrendered in case of fire.” ' An appeal was taken to the superior court, and the causes were consolidated. Hirsch pleaded: (1) The notes sued on were given to plaintiff without any consideration…

1Opinion of the Court

Bleckley, Chief Justice.

1. The merits of this controversy were fully exposed at the trial. The parties introduced evidence pro and con, and all the facts touching consideration or want of consideration for the notes declared upon were brought out. From these it clearly appears that there was a full and sufficient consideration for the notes. This being so, the striking of the plea that the notes were without consideration is not cause for a new trial.

2. The plea which sought to contradict the notes by setting up an understanding that the maker was not to be bound, that the notes were executed…

2Cited by32 opinions

  1. Pryor v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1910
  2. Smith v. Standard Oil CompanySupreme Court of Georgia · 1971
  3. Williams v. Moore-Gaunt Co.Court of Appeals of Georgia · 1908
  4. Byrd & Co. v. Marietta Fertilizer Co.Supreme Court of Georgia · 1906
  5. Bank v. Moore.Supreme Court of North Carolina · 1905

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