First State Bank v. Herrington

Court of Appeals of Georgia

First State Bank v. Herrington

105 S.E. 316, 26 Ga. App. 35, 1920 Ga. App. LEXIS 251

CourtCourt of Appeals of Georgia

DecidedDecember 15, 1920

Docket11723

StatusPublished

This text of 105 S.E. 316 (First State Bank v. Herrington) 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

First State Bank v. Herrington, 105 S.E. 316, 26 Ga. App. 35, 1920 Ga. App. LEXIS 251 (Ga. Ct. App. 1920).

Pincite

Opinion

Broyles, C. J.

1. Where a promissory note payable one day after date is brought by a third person after it is due, the buyer does not occupy the position of an innocent purchaser, but takes the note subject to all the equities between the original parties. Civil Code, (1910), § 4287; Beall v. Leverett, 32 Ga. 105 (79 Am. Dec. 298).

2. Under the above ruling and all the particular facts of the instant case, the oourt did not err in directing a verdict for the defendant.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

Complaint; from city court of Atlanta — Judge Reid. May 26, 1920.

Anderson & Slale, J. L. Anderson, for plaintiff. Hines, Ilardwiclc & Jordan, for defendants.

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