Sherrod v. Springfield Baptist Church
Court of Appeals of Georgia
Complaint; from Richmond superior court — Judge H. C. Hammond. January 1, 1917. This was an action brought by W. L. Sherrod of Enfield; North Carolina, against a church of colored people at Augusta, Georgia, known as Springfield Baptist Church, for a balance of $1500, with interest and attorney’s fees, on a note secured by a deed to real estate in the city of Augusta.
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Complaint; from Richmond superior court — Judge H. C. Hammond. January 1, 1917. This was an action brought by W. L. Sherrod of Enfield; North Carolina, against a church of colored people at Augusta, Georgia, known as Springfield Baptist Church, for a balance of $1500, with interest and attorney’s fees, on a note secured by a deed to real estate in the city of Augusta. The defendant pleaded payment, contending on the trial that the note, which originally was for $3,000, had been fully paid and discharged by two separate payments, — one for $1,620 at an interest.period, July 1, 1913, which…
1Opinion of the CourtJenkins, J.
(After stating .the foregoing facts.)
1, 3. The fact that a' person assuming to be the agent of another receives payment from the debtor on a written evidence of debt does not raise an implication of his agency, where he does not produce the written evidence of debt itself (Civil Code of 1910, § 3578); nor is such agency established by the declaration of the alleged agent (Harris Loan Co. v. Elliott & Hatch Co., 110 Ga. 302 (34 S. E. 1003); Americus Oil Co. v. Gurr, 114 Ga. 634 (40 S. E. 780); neither does such implication arise when it is shown that the alleged agent was the medium through…
2Cases cited11 opinions
- Bronson's v. ChappellSupreme Court of the United States · 1871
- Cable Co. v. WalkerSupreme Court of Georgia · 1906
- Fleming v. RobertsSupreme Court of Georgia · 1902
- Walton Guano Co. v. McCallSupreme Court of Georgia · 1900
- Harris Loan Co. v. Elliott & Hatch Book Typewriter Co.Supreme Court of Georgia · 1900
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