Craig v. National City Bank
Court of Appeals of Georgia
Complaint; from Gwinnett superior court — Judge Cobb. April 16, 1930.
1Opinion of the CourtJerkins, P. J.
1. Tlie defense of non est factum can be successfully pleaded to a suit on a negotiable promise to pay, even as against a bona fide holder for value who took it prior to maturity and without notice of such defense. Civil Code (1910), § 4286. Thus, a valid and completed contract can only be enforced against the maker in the form in which it was expressed, and if such a completed instrument be intentionally, fraudulently, and materially altered by a person claiming a benefit under it, the alteration voids the whole contract at the option of the opposite party. Atlanta National Bank v. Bateman,…
2Cases cited10 opinions
- Wilson v. BarnardCourt of Appeals of Georgia · 1911
- Brown v. ColquittSupreme Court of Georgia · 1884
- Thompson v. KelseyCourt of Appeals of Georgia · 1910
- Thrasher v. AndersonSupreme Court of Georgia · 1872
- Atlanta National Bank v. BatemanCourt of Appeals of Georgia · 1918
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- First National Bank v. FordWyoming Supreme Court · 1923
- Hamby v. CrispCourt of Appeals of Georgia · 1934
- Thompson v. Growers Finance Corp.Court of Appeals of Georgia · 1934
- Barringer v. Dinkler Hotels Co.Court of Appeals for the Fourth Circuit · 1932
- Wight Hardware Co. v. American Lubricants Co.Court of Appeals of Georgia · 1954
3 more not listed; retrieve them via the Exa API.