Middle Georgia Livestock Sales v. Commercial Bank & Trust Co.
Court of Appeals of Georgia
1Opinion of the Court
Deen, Judge.
The sole question in this case is whether a holder in due course for value of a check given by an innocent maker for the purchase of cattle which turned out to have been stolen may recover the value of such check from the maker. This in turn involves a construction of the controlling section of the Uniform Commercial Code, § 3-305 (2) (b) providing that a holder in due course takes the instrument free from defenses of any party thereto with whom it has not dealt except "such other incapacity, or duress, or illegality of the transaction as renders the obligation of the party a…
Also in this document: Concurrence.
2Cases cited6 opinions
- Gordon v. Gulf American Fire & Casualty Co.Court of Appeals of Georgia · 1966
- Pacific National Bank v. HernreichSupreme Court of Arkansas · 1966
- Johnston Bros. v. McConnellSupreme Court of Georgia · 1880
- Newcomb v. Niskey's Lake Inc.Supreme Court of Georgia · 1940
- Smith v. WoodSupreme Court of Georgia · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Price v. B-Line Systems, Inc.Court of Appeals of Georgia · 1973
- Sandler v. Eighth Judicial District Court of the State of NevadaNevada Supreme Court · 1980
- Citizens National Bank of Quitman v. BrazilCourt of Appeals of Georgia · 1977
- Kedzie & 103rd Currency Exchange, Inc. v. HodgeAppellate Court of Illinois · 1992
- Union Planters National Bank v. CrookCourt of Appeals of Georgia · 1997
7 more not listed; retrieve them via the Exa API.