Harrell v. National Bank of Commerce
Supreme Court of Georgia
Complaint. Before E. T. Hickey, judge pro hac vice. Webster superior court. January 8, 1906. This was a suit by the National Bank of Commerce against D. B. Harrell, to recover an amount alleged to be due on a promissory note executed by Harrell and payable to the order of the Americus Investment Company, at the Bank of Americus, for $2,500. Pending the suit Harrell died, and his administrator was made a party defendant in his stead.
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Complaint. Before E. T. Hickey, judge pro hac vice. Webster superior court. January 8, 1906. This was a suit by the National Bank of Commerce against D. B. Harrell, to recover an amount alleged to be due on a promissory note executed by Harrell and payable to the order of the Americus Investment Company, at the Bank of Americus, for $2,500. Pending the suit Harrell died, and his administrator was made a party defendant in his stead. The note was indorsed “Americus Investment Co., per H. C. Bagley, Pt. Pay National Bank of Commerce in New York, or order. Bank of Americus, M. B. Campbell,…
1Opinion of the CourtEvans, J.
(After stating the facts.)
The note declared upon was a negotiable instrument, and before the defendant would be let into his defense of want of con-' sideration it was necessary for him to show that the plaintiff was not a bona fide holder for value before maturity. Our code declares that “the holder of a note is presumed to be such bona fide, and for value; if either fact is negatived by proof, the defendants are let into all their defenses; such presumption is negatived by proof of any fraud in the procurement of the note.” Civil Code, §3696. It was held in Robenson v. Vason, 37 Ga. 66,…
2Cases cited7 opinions
- Gibson v. ConnerSupreme Court of Georgia · 1847
- Grooms v. Olliff & Co.Supreme Court of Georgia · 1894
- Kaiser & Brother v. United States National BankSupreme Court of Georgia · 1896
- Robenson v. VasonSupreme Court of Georgia · 1867
- Pate v. AllisonSupreme Court of Georgia · 1902
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3Cited by16 opinions
- Few v. PouCourt of Appeals of Georgia · 1924
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- Patterson & Co. v. PetersonCourt of Appeals of Georgia · 1915
- Hancock v. Empire Cotton Oil Co.Court of Appeals of Georgia · 1915
- Linderman v. AtkinsSupreme Court of Georgia · 1915
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