Gartrell v. Johns
Court of Appeals of Georgia
Complaint; from city court of Washington—W. A. Slaton, judge pro hac vice. March 6, 1914. D. C. Gartrell sold a horse to Horton, and, being indebted to E. S. Johns, he caused the note for the purchase-money, amounting to $100, to be made payable to Johns, instead of to himself, and turned it over to Johns, with two others, amounting to $135, as collateral security for his debt. The note for the horse was indorsed by J. L. and B. W. Gartrell.
Read the full summary
Complaint; from city court of Washington—W. A. Slaton, judge pro hac vice. March 6, 1914. D. C. Gartrell sold a horse to Horton, and, being indebted to E. S. Johns, he caused the note for the purchase-money, amounting to $100, to be made payable to Johns, instead of to himself, and turned it over to Johns, with two others, amounting to $135, as collateral security for his debt. The note for the horse was indorsed by J. L. and B. W. Gartrell. Johns, at the time of receiving these notes, executed a paper in the following terms: “This is to certify that D. C. Gartrell owes E. S. Johns $153.90,…
1Opinion of the CourtKussell, C. J.
Under the well-settled principle ruled in Mauck v. Atlanta Trust & Bkg. Co., 113 Ga. 242 (38 S. E. 845), one who receives promissory notes or other choses in action as collateral security is bound to use ordinary diligence to collect them, and “where an endorser of a note is sued upon it, if the plaintiff has received any collateral security for its payment, the burden of proof is on the party sued, to show that such collateral security has been improperly disposed of.” ' Vose v. Yulee, 4 Hun, 629. But we think the court erred in the present case in directing a verdict against the defendant…
2Cases cited3 opinions
- Mauck v. Atlanta Trust & Banking Co.Supreme Court of Georgia · 1901
- Matheson v. JonesSupreme Court of Georgia · 1860
- Underwood v. Bass & HeardCourt of Appeals of Georgia · 1907
3Cited by4 opinions
- Marietta Fertilizer Co. v. GaryCourt of Appeals of Georgia · 1918
- J. R. Watkins Company v. BrewerCourt of Appeals of Georgia · 1945
- Combs v. Carolina Casualty InsuranceCourt of Appeals of Georgia · 1954
- Fricks v. Rome Mercantile Co.Court of Appeals of Georgia · 1934