Legal Opinion

Henderson v. Ellarbee

Court of Appeals of Georgia

Decided January 16, 1926No. 16490PublishedCited by 7 opinions

1Opinion of the CourtJenkins, P. J.

1. Where promissory notes stipulate, •‘we” promise to pay, etc., and are signed on the face by only one party,—a corporation by its officers,—and there are indorsed on the back of the notes the names of individuals not necessary to the transmission of the title to the notes, such “irregular or anomalous indorsers” (7 Cyc. 664; Atkinson v. Bennett, 103 Ga. 508, 510, 30 S. E. 599) are presumptively either comakers or sureties, and are not technical indorsers. If they are sureties, all or less than all could be sued in the venue of either; if joint makers, the same rule would apply unless the…

2Cases cited42 opinions

  1. Hudson v. HudsonSupreme Court of Georgia · 1904
  2. Baker v. Richmond City Mill WorksSupreme Court of Georgia · 1898
  3. Wheeler v. MartinSupreme Court of Georgia · 1916
  4. Tate v. GoodeSupreme Court of Georgia · 1911
  5. Pryor v. American Trust & Banking Co.Court of Appeals of Georgia · 1915

37 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Windsor Forest, Inc. v. RockerCourt of Appeals of Georgia · 1967
  2. Massell v. Prudential Insurance Co. of AmericaCourt of Appeals of Georgia · 1938
  3. Hardin v. DoddSupreme Court of Georgia · 1932
  4. Chattooga County Bank v. SelmanCourt of Appeals of Georgia · 1934
  5. Henderson v. FloodSupreme Court of Georgia · 1965

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API