Carlton v. White
Supreme Court of Georgia
Complaint on note. Before Judge Cobb. City court of Athens. March term, 1895. The suit was against J. II. Carlton as maker, and R. K. Reaves as indorser, on a promissory note, dated November 14, 1893, due four months after date, made and signed by Carlton, and payable to the order of James White, cashier, at the National Bank of Athens. It bore a waiver of notice of protest, signed by Reaves by his attorney.
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Complaint on note. Before Judge Cobb. City court of Athens. March term, 1895. The suit was against J. II. Carlton as maker, and R. K. Reaves as indorser, on a promissory note, dated November 14, 1893, due four months after date, made and signed by Carlton, and payable to the order of James White, cashier, at the National Bank of Athens. It bore a waiver of notice of protest, signed by Reaves by his attorney. Carlton filed certain pleas, which were stricken on demurrer, and judgment was rendered by the court against the defendants for principal and interest, and for attorney’s fees against…
1Opinion of the Court
Atkinson, Justice.
1. In so far as concerns the error upon the direction of the verdict allowing counsel fees in this case, the questions made in the present record are controlled by the decision of this court in the case of Butler v. Mutual etc. Investment Company, 94 Ga. 563. Upon that question the facts in the case above referred to are identical with those which appear in the present record.
2. In the case of Mayer v. Thomas, reported in 97 Ga. 772, it was held that an accommodation maker of a promissory note was not entitled, upon non-payment at maturity, to have the same protested for…
2Cases cited1 opinion
- Mayer v. ThomasSupreme Court of Georgia · 1896
3Cited by5 opinions
- Bishop v. Georgia National BankCourt of Appeals of Georgia · 1913
- Glisson v. Weil & Co.Supreme Court of Georgia · 1903
- Morrison v. Citizens & Southern BankCourt of Appeals of Georgia · 1917
- Freeman v. Bank of LaFayetteCourt of Appeals of Georgia · 1917
- Scott v. GauldingCourt of Appeals of Georgia · 1939