Legal Opinion

Craig v. National City Bank

Court of Appeals of Georgia

Decided January 20, 1921No. 11547PublishedCited by 8 opinions

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

  1. Wilson v. BarnardCourt of Appeals of Georgia · 1911
  2. Brown v. ColquittSupreme Court of Georgia · 1884
  3. Thompson v. KelseyCourt of Appeals of Georgia · 1910
  4. Thrasher v. AndersonSupreme Court of Georgia · 1872
  5. Atlanta National Bank v. BatemanCourt of Appeals of Georgia · 1918

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. First National Bank v. FordWyoming Supreme Court · 1923
  2. Hamby v. CrispCourt of Appeals of Georgia · 1934
  3. Thompson v. Growers Finance Corp.Court of Appeals of Georgia · 1934
  4. Barringer v. Dinkler Hotels Co.Court of Appeals for the Fourth Circuit · 1932
  5. Wight Hardware Co. v. American Lubricants Co.Court of Appeals of Georgia · 1954

3 more not listed; retrieve them via the Exa API.

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