Daniel v. Browder-Manget Co.

Court of Appeals of Georgia

Daniel v. Browder-Manget Co.

76 S.E. 166, 11 Ga. App. 789, 1912 Ga. App. LEXIS 181

CourtCourt of Appeals of Georgia

DecidedNovember 12, 1912

Docket4311

StatusPublished

Cited by1 cases

This text of 76 S.E. 166 (Daniel v. Browder-Manget 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

Daniel v. Browder-Manget Co., 76 S.E. 166, 11 Ga. App. 789, 1912 Ga. App. LEXIS 181 (Ga. Ct. App. 1912).

Pincite

Opinion

Pottle, J.

1. Since one who signed a promissory note apparently as an indorser may, by parol evidence, be shown to have been in fact a surety (James v. Calder, 7 Ga. App. 707, 28 S. E. 622), a petition in a suit upon a promissory note, brought against A as maker and B as surety, in the county of the latter’s residence, is not demurrable upon the ground that it appears from the petition that the maker does not reside in the county wherein the suit was brought, although, from a copy of the note attached to the petition, it appears that B signed the note as indorser. Lumpkin v. Calloway, 101 Ga. 226 (28 S. E. 622).

2. There was no error in striking the plea to the jurisdiction, or in any of the other rulings complained of. Judgment affirmed.

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

Pottle, J.

1. Since one who signed a promissory note apparently as an indorser may, by parol evidence, be shown to have been in fact a surety (James v. Calder, 7 Ga. App. 707, 28 S. E. 622), a petition in a suit upon a promissory note, brought against A as maker and B as surety, in the county of the latter’s residence, is not demurrable upon the ground that it appears from the petition that the maker does not reside in the county wherein the suit was brought, although, from a copy of the note attached to the petition, it appears that B signed the note as indorser. Lumpkin v. Calloway, 101 Ga. 226 (28 S. E. 622).

2. There was no error in striking the plea to the jurisdiction, or in any of the other rulings complained of. Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

76 S.E. 166, 11 Ga. App. 789, 1912 Ga. App. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-v-browder-manget-co-gactapp-1912.

Opinion

Related

Cite This Page — Counsel Stack