Bank of Cumming v. Mason
Court of Appeals of Georgia
Certiorari; from Cherokee superior court—Judge Morris. Oc-. tober 13, 1917. The Bank of Cumming sued Mason in a justice’s court on a promissory note for $40 and interest, made by him, payable to O. L. & M. G. Lummus or bearer, and indorsed by the payees. The defendant filed a plea that he was not indebted to the plaintiff as alleged, and that the note sued on had been paid by him in full, and that he did not owe the plaintiff or any other person anything on the note.
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Certiorari; from Cherokee superior court—Judge Morris. Oc-. tober 13, 1917. The Bank of Cumming sued Mason in a justice’s court on a promissory note for $40 and interest, made by him, payable to O. L. & M. G. Lummus or bearer, and indorsed by the payees. The defendant filed a plea that he was not indebted to the plaintiff as alleged, and that the note sued on had been paid by him in full, and that he did not owe the plaintiff or any other person anything on the note. The note was introduced in evidence by the plaintiff, and the cashier of the bank testified that the bank took the note before…
1Opinion of the Court
Harweii,, J.
(After stating the foregoing facts.) It is undisputed that the note sued on in this case was received by the plaintiff before its maturity, as collateral security for a debt due by the payees, and that this debt was not paid. It further appeared that the payment made by the defendant to Lummus, payee of the note, was made before maturity, and it was not shown that the payee had possession of or was the owner of the note when the payment was made. Hnder the facts appearing in the record, the trial judge erred in overruling the certiorari. Paris v. Moe, *3560 Ga. 90; Haug v. Riley, 101…
2Cases cited3 opinions
- Haug v. RileySupreme Court of Georgia · 1897
- Paris v. MoeSupreme Court of Georgia · 1878
- McDonald & Griffin v. HortonCourt of Appeals of Georgia · 1917
3Cited by1 opinion
- Tillman v. GibsonCourt of Appeals of Georgia · 1931