McCrary v. King
Supreme Court of Georgia
Certiorari, from Muscogee county. Decision by Judge Worrill, at November Term, 1858. Bartly McCrary brought suit in a Justice Court against Tomlin King and Luke Dimond, on a promissory note, of which the following is a copy: $50. By the first day of November, we or either of us promise to pay Bartly McCrary, or bearer, the sum of fifty dollars, for value received, this February 18, 1857. (Signed,) ' TOMLIN KING, LUKE DIMOND.
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Certiorari, from Muscogee county. Decision by Judge Worrill, at November Term, 1858. Bartly McCrary brought suit in a Justice Court against Tomlin King and Luke Dimond, on a promissory note, of which the following is a copy: $50. By the first day of November, we or either of us promise to pay Bartly McCrary, or bearer, the sum of fifty dollars, for value received, this February 18, 1857. (Signed,) ' TOMLIN KING, LUKE DIMOND. Dimond filed the following pleas in the Justices Court: 1st. The general issue. 2d. That he was security only for King, and prayed that if judgment be rendered against…
1Opinion of the Court
*28 By the Court.
Benning J.
delivering the opinion.
The judgment sustaining the certiorari, was clearly right, if McKendrce, the person, to whom the notice to sue, was given, was the person to whom that notice ought to have beeu given.
McKendree held the note, as a collateral security. He was instructed by the owner of tho note, to apply the proceeds of if, when collected, to the payment of a demand held by himself, against the owner. This gave him the right to hold on to the note, as a security for this demand.
This being so, he was the legal as well as the “actual holder” of the note; he and he…
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