Hansford v. Freeman
Supreme Court of Georgia
Complaint on notes. Before Judge Reese. Oglethorpe superior court. April term, 1895. Annie N. Freeman sued Benjamin Hansford on two promissory notes dated September 25, 1893, one for $500 due December 1, 1893, the other for $1,000 due January I, 1894, alleged to have been given for the purchase money of 148 acres of land more or less (described), she having made him a bond for titles. He filed a plea which, upon demurrer, was stricken as setting forth no legal defence.
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Complaint on notes. Before Judge Reese. Oglethorpe superior court. April term, 1895. Annie N. Freeman sued Benjamin Hansford on two promissory notes dated September 25, 1893, one for $500 due December 1, 1893, the other for $1,000 due January I, 1894, alleged to have been given for the purchase money of 148 acres of land more or less (described), she having made him a bond for titles. He filed a plea which, upon demurrer, was stricken as setting forth no legal defence. This plea makes the following allegations: He was approached to buy the land, and conditionally bargained ■therefor as…
1Opinion of the Court
Atkinson, Justice.
1. The delivery of a promissory note to the payee, or one authorized by law to receive it for him, is essential to its binding force as an obligation to pay upon the part of the maker. By delivery is to be understood, not the mere manual tradition of the paper by the maker to another, but such a delivery accompanied with a present purpose to invest the payee with the right, upon its maturity, to demand its payment. The plea, therefore, in the present case, which set up a non-delivery. of the paper sued upon, was a good defense to this action. It alleged that the agent of the…
2Cases cited1 opinion
- Liverpool & London & Globe Insurance v. MorrisSupreme Court of Georgia · 1888
3Cited by32 opinions
- Heitmann v. Commercial BankCourt of Appeals of Georgia · 1909
- Moore v. Farmers' Mutual Insurance Asso.Supreme Court of Georgia · 1899
- Smith v. Standard Oil CompanySupreme Court of Georgia · 1971
- Bostwick Banking Co. v. ArnoldSupreme Court of Georgia · 1970
- McIntire v. RaskinSupreme Court of Georgia · 1931
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