Allen & Co. v. Georgia National Bank
Supreme Court of Georgia
Negotiable instruments. Indorsers. Protest. Before Judge Hillyer. Fulton Superior Court. April Term, 1877. The Georgia National Bank brought assumpsit against Crittenden & Company, makers, and Allen & Company, indorsers, on a note dated January 11, 1872, payable thirty days after date, to the order of Allen & Company, at the Georgia National Bank, for $575.31. The indorsers were served and a return of non est inventus made as to the makers.
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Negotiable instruments. Indorsers. Protest. Before Judge Hillyer. Fulton Superior Court. April Term, 1877. The Georgia National Bank brought assumpsit against Crittenden & Company, makers, and Allen & Company, indorsers, on a note dated January 11, 1872, payable thirty days after date, to the order of Allen & Company, at the Georgia National Bank, for $575.31. The indorsers were served and a return of non est inventus made as to the makers. The evidence, as far as material, is stated in the opinion. The jury found for the plaintiff. The defendants moved for a new trial upon the following…
1Opinion of the Court
Bleckley, Judge.
The notary made a certificate as to the service of notice on the indorsers, and afterwards, on being called to testify in relation thereto, could not recall the facts, but stated that he was satisfied of the truth of the certificate, because he would not have certified as he did, had he not been convinced that the matter of the certificate was true. In connection with this evidence, the certificate was admissible. 5 Martin (La.) N. S. 196 ; 2 Nott & McCord, 331; 1 Gr’l’f’s Ev. §437; 2 Phil. Ev. by Cowen & Hill, 750, note 528; 6 Ga., 365; Code, §3866.
2. But neither the…
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- Cole v. JessupNew York Supreme Court · 1850
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