Hall v. Carey
Supreme Court of Georgia
Assumpsit, tried before Judge Alexander, in Muscogee Superior Court, May Term, 1848. This action was brought by the defendant in error,»*, assignee of the Bank of Columbus, for the use of Seaborn Jones, against the plaintiff in error, upon their promissory notes, amounting together to over $17,000 principal.
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Assumpsit, tried before Judge Alexander, in Muscogee Superior Court, May Term, 1848. This action was brought by the defendant in error,»*, assignee of the Bank of Columbus, for the use of Seaborn Jones, against the plaintiff in error, upon their promissory notes, amounting together to over $17,000 principal. These notes were made payable “ to the order of A. B. Davis, Cashier’’ The declaration alleged that they were made and delivered to Davis, and then proceeds to describe them, and alleges that it was meant and intended to make them, (by the expression “ A. B. Daws, Cashier,”) payable to…
1Opinion of the Court
By the Court.
Warner, J.,
delivering the opinion.
[1.] The first ground of error assigned to the decision of the Court below, is the overruling the demurrer to the plaintiff’s declaration.
This objection to the declaration was taken at the trial term, and if good at any time, certainly was not good in arrest of judgment. It is contended, that the plaintiff should have alleged, the note was made payable to the Bank of Columbus, and given a correct description of it, inasmuch as Davis, the Cashier, was only the agent of the Bank. By the 14th Common Law rule of practice, all matters appearing on the…
2Cited by6 opinions
- Lowry National Bank v. FickettSupreme Court of Georgia · 1905
- Mason v. Atlanta Fire Co. Number 1Supreme Court of Georgia · 1883
- Bracken & Ellsworth v. Dillon & SonsSupreme Court of Georgia · 1879
- DuBignon v. Mayor of BrunswickSupreme Court of Georgia · 1898
- Georgia Casualty and Surety Co. v. Seaboard Surety Co.District Court, N.D. Georgia · 1962
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