Turnell v. Carter
Court of Appeals of Georgia
Appeal, from Jasper superior court — Judge Lewis. September 23, 1908. Turnell brought suit in the county court of Jasper, on four promissory notes, against the makers and the indorser. There was a nonsuit as to the makers, and a judgment against the indorser. The plaintiff entered an appeal to tlie superior .court, as to the makers.
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Appeal, from Jasper superior court — Judge Lewis. September 23, 1908. Turnell brought suit in the county court of Jasper, on four promissory notes, against the makers and the indorser. There was a nonsuit as to the makers, and a judgment against the indorser. The plaintiff entered an appeal to tlie superior .court, as to the makers. On the trial in the superior court, the defendants made the following written defense: “That at the trial term in ■the county court, of said case, the plaintiff, being nonsuited as to these defendants, took judgment against J. E. Durden as guarantor or indorser,…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.) No brief is submitted for the defendants in error, and we do not know upon what theory of the law the trial judge based his judgment. In our opinion, the allowance of the plea and the direction of a verdict for the defendants were manifestly erroneous. The notes sued on recite that they are given for the purchase-money of certain personal property named therein, to which title is reserved until the property shall be fully paid for. The notes were payable to the order of J. E. Durden, and were transferred by him, by written indorsement, to the plaintiff,…
2Cases cited4 opinions
- Cade v. JenkinsSupreme Court of Georgia · 1892
- Cooper v. SmithSupreme Court of Georgia · 1906
- Carter v. BuchananSupreme Court of Georgia · 1847
- Hanie v. TaylorCourt of Appeals of Georgia · 1908
3Cited by2 opinions
- Jordan Mercantile Co. v. BrooksSupreme Court of Georgia · 1919
- Owens v. ParkerCourt of Appeals of Georgia · 1910