Legal Opinion

Horne v. Planters' Bank

Supreme Court of Georgia

Decided January 15, 1861PublishedCited by 8 opinions

Complaint in Dougherty Superior Court. Tried before Judge Allen, at the June Term, 1860. This was an action brought by the Planters’ Bank of Georgia, for the use of John W. Rabun against Charles W. Horne, as endorser, to recover the amount of a promissory note, of which the following is a copy : “ Laurens County, Georgia, Nov. 25, 1851. “ Sixty' days after date I promise to pay to the order of Charles W. Horne, two thousand dollars, at either of the banks in Savannah, for…

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Complaint in Dougherty Superior Court. Tried before Judge Allen, at the June Term, 1860. This was an action brought by the Planters’ Bank of Georgia, for the use of John W. Rabun against Charles W. Horne, as endorser, to recover the amount of a promissory note, of which the following is a copy : “ Laurens County, Georgia, Nov. 25, 1851. “ Sixty' days after date I promise to pay to the order of Charles W. Horne, two thousand dollars, at either of the banks in Savannah, for value received. “ANDREW Y. HAMPTON.” Endorsed as follows: “ C. W. Horn.” “Rabun, Fulton & Co.” To this action the…

1Opinion of the Court

*9 By the Court.

Lumpkin, J.,

delivering the opinion.

Is the verdict in this case so strongly and decidedly against the weight of evidence as to constrain this Court to grant a new trial, notwithstanding an application for this purpose was refused by the Circuit Judge who heard the cause ? This is the only question argued before this Court. .

It is immaterial whether it was the understanding or not, between Horne and Hampton, at the time the note sued on was endorsed, that the proceeds of Hampton’s cotton crop forwarded to Eabun & Fulton, to whom the note was given, should be applied to its…

2Cases cited2 opinions

  1. United States v. KirkpatrickSupreme Court of the United States · 1824
  2. Field v. HollandSupreme Court of the United States · 1810

3Cited by8 opinions

  1. Federal Land Bank v. Bank of LenoxSupreme Court of Georgia · 1941
  2. High Co. v. ArringtonCourt of Appeals of Georgia · 1932
  3. Goetz v. PielMissouri Court of Appeals · 1887
  4. Bank of Georgia v. CardCourt of Appeals of Georgia · 1951
  5. Thompson v. Bank of BuckheadCourt of Appeals of Georgia · 1933

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