Turner v. Thompson, Kendrick, & Co.
Supreme Court of Georgia
Complaint in Webster. Decision by Judge Kiddoo, April, 1857. This was an action by Thompson, Kendrick & Co. against Sampson Bell, executor of G. B. Swinney, deceased, and Richard W. Turner, survivor and joint promissor. The declaration alleges that defendants were indebted to plaintiffs one thousand dollars, and interest and fees of protest, upon a draft drawn by Swinney and Turner upon plaintiffs, and accepted and paid by them as accommodation acceptors.
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Complaint in Webster. Decision by Judge Kiddoo, April, 1857. This was an action by Thompson, Kendrick & Co. against Sampson Bell, executor of G. B. Swinney, deceased, and Richard W. Turner, survivor and joint promissor. The declaration alleges that defendants were indebted to plaintiffs one thousand dollars, and interest and fees of protest, upon a draft drawn by Swinney and Turner upon plaintiffs, and accepted and paid by them as accommodation acceptors. At the appearance Term, defendant moved to dismiss the action upon the following grounds: 1st. Because an acceptor of a draft who has paid…
1Opinion of the Court
*50By the Court. —
Lumpkin, J.
delivering the opinion.
[1.] This complaint was brought under Jones’ forms; the plaintiffs alleging that they paid the draft of, the defendants, supra protest, as accommodation acceptors, and they annex a copy of the instrument. It is true, the draft of itself is not and cannot be, under the law, the foundation of an action between these parties. Still, whether the plaintiffs sue at common law, or under the Act of 1847, the draft would have to be • set out as inducement to the action. That having been done, and sufficient accounts made to charge the defendants with…
2Cited by6 opinions
- Bobby D. Moore, Individually and as of the Estate of L. T. Moore, Deceased v. Mrs. Jimmie F. LindseyCourt of Appeals for the Fifth Circuit · 1981
- Ware v. City BankSupreme Court of Georgia · 1877
- Lamis v. CallianosCourt of Appeals of Georgia · 1938
- Central Georgia Bank v. Cleveland National BankSupreme Court of Georgia · 1877
- Richards v. DyeCourt of Appeals of Georgia · 1953
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