Cohen v. Morris Plan Co.

Court of Appeals of Georgia

Cohen v. Morris Plan Co.

166 S.E. 67, 45 Ga. App. 665, 1932 Ga. App. LEXIS 646

CourtCourt of Appeals of Georgia

DecidedSeptember 20, 1932

Docket22013

StatusPublished

This text of 166 S.E. 67 (Cohen v. Morris Plan Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cohen v. Morris Plan Co., 166 S.E. 67, 45 Ga. App. 665, 1932 Ga. App. LEXIS 646 (Ga. Ct. App. 1932).

Pincite

Opinion

Jenkins, P. J.

1. The note sued on in this case was, by its specific terms, the joint and several obligation of the makers; and the defendant, who indorsed it without having received any portion of the consideration, was a surety thereon. The holder of the note was privileged to hold the obligors jointly or severally, and was authorized to sue one of the , makers and the indorser without joining the other maker. Barnett v. Ferris, 39 Ga. App. 206 (146 S. E. 345).

2. There was no dispute as to the execution of the note sued on, and no evidence whatever was offered by the defendant indorser in support of his plea of usury, or in contradiction of the proof on behalf of the plaintiff as to the amount of the balance due on the note. Accordingly, the verdict in favor of the plaintiff in the municipal court was demanded.

3. Under the foregoing rulings, the judge of the superior court did not err in overruling the certiorari.

Judgment affirmed.

Stephens and Sxdton, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI