Daniels v. Kyle & Barnett
Supreme Court of Georgia
Assumpsit, tried before Judge Alexander, Muscogee Superi- or Court, May.Term, 1848. The action in this case was predicated upon a check, of which the following is a copy: “ Columbus, January 15,1842. Bank of Columbus, pay to L. G-ambrill or order, five hundred and twenty-four dollars. ’ KYLE & BARNETT. $524 00. Indorsed, L. G AMBRILL.” The check having been transferred by indorsement to the plaintiff in error, the suit was brought in his name.
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Assumpsit, tried before Judge Alexander, Muscogee Superi- or Court, May.Term, 1848. The action in this case was predicated upon a check, of which the following is a copy: “ Columbus, January 15,1842. Bank of Columbus, pay to L. G-ambrill or order, five hundred and twenty-four dollars. ’ KYLE & BARNETT. $524 00. Indorsed, L. G AMBRILL.” The check having been transferred by indorsement to the plaintiff in error, the suit was brought in his name. Upon the trial, the check, and also the protest made upon its presentation for payment, and the non-payment, were successively read in evidence to the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
This was an action of assumpsit tried on the appeal before Judge Alexander, at the Superior Court of the county of Muscogee, at May term, 1848. It was brought upon a Bank check drawn by the defendants, Kyle and Barnett, upon the Bank of Columbus, for $524, in favor of L. Gambrill, or order, and was indorsed by him to the plaintiff. The check bore date the 15th *249day of January, 1842, and was presented for payment, and notice given of non-payment, -on the 15th day of April thereafter.
The defendant offered testimony to show that the Bank of 'Columbus…
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