Georgia Reports Volume 145

Georgia Reports Volume 145

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...notice of such equities. See H endrix v. Bauhard, 138 Ga. 473 (2), 481 (75 S. E. 588, 43 L. R. A. (N. S.) 1028, 29 Ann. Cas. (1913D) 688). There is nothing alleged in the plea that resembles a charge of notice to the plaintiff, except the allegation, "That said guarantee or condition, being written upon the face of the note, became a part of the note, and that the Bank of Harlem, when it purchased said note from said Guest, did so with full knowledge of the conditions attached to said note, and subject to all the equities existing between said Guest and said J. S. & J. F. Hardin." When these allegations are considered most strongly against the pleader, they merely amount to a charge that the written memorandum on the margin of the note charged the plaintiff with notice of the failure of consideration. In this connection see First National Bank of Etowah v. Messer, 136 Gal 226 (71 S. E. 148). When the memorandum is considered, it does not purport to show anything except the fact that the note was given for certain shares of stock, and that certain dividends were guaranteed. In Hudson v. Best, 104 Ga. 131 (30 S. E. 688), it was held: "A knowledge of the consideration of a negotiable promissory note by a purchaser thereof, for value and before maturity, is not suflicient to charge him with notice of the failure of such consideration." See also Bank of Commerce v. Bar1-ett, 38 Ga. 126 (95 Am. D. 384); Park v. Zellars, 139 Ga. 585 (4), 586 (77 S. E. 922); Bank of Lavonia, v. Bush, 140 Ga. 594 ('79 S. E. 459). In the light of what has been said, there was no error in striking paragraph 5 of the plea. ' 2. The amendment which the court rejected sought to set up equities of the same general character between the...show more

Product details

  • Paperback | 434 pages
  • 189 x 246 x 22mm | 771g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236779908
  • 9781236779908