Legal Opinion
Cedar Rapids National Bank v. Beckham
Court of Appeals of Georgia
Decided July 31, 1909No. 1970PublishedCited by 7 opinions
Complaint, from city court of Abbeville — Judge Nicbolsou. May 12, 1909.
1Opinion of the CourtPowell, J.
1. In a suit by a transferee of a negotiable instrument, an indorsement thereon in the corporate name of the payee, though not accompanied by the corporate seal, is sufficient proof of the transfer, unless the indorsement be denied by a sworn plea of non est factum. Civil Code, §3705; Sheffield v. Johnson County Bank, 2 Ga. App. 221 (58 S. E. 386).
2. The plea in the present case was not sufficient to put the plaintiff to proof of the indorsement. Crockett v. Garrard, 4 Ga. App. 360 (61 S. E. 552).
3. The court erred in granting a nonsuit. Judgment reversed.
2Cases cited2 opinions
- Sheffield v. Johnson County Savings BankCourt of Appeals of Georgia · 1907
- Crockett & Co. v. Garrard & Co.Court of Appeals of Georgia · 1908
3Cited by7 opinions
- Edwards v. CampCourt of Appeals of Georgia · 1923
- Odell v. WessingerCourt of Appeals of Georgia · 1936
- Kirby v. Johnson County Sayings BankCourt of Appeals of Georgia · 1913
- Lancaster v. RalstonCourt of Appeals of Georgia · 1938
- Citizens Bank v. WareCourt of Appeals of Georgia · 1913
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