Marks v. Moore

Court of Appeals of Georgia

Marks v. Moore

171 S.E. 557, 47 Ga. App. 790, 1933 Ga. App. LEXIS 665

CourtCourt of Appeals of Georgia

DecidedNovember 4, 1933

Docket23315

StatusPublished

Cited by1 cases

This text of 171 S.E. 557 (Marks v. Moore) 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

Marks v. Moore, 171 S.E. 557, 47 Ga. App. 790, 1933 Ga. App. LEXIS 665 (Ga. Ct. App. 1933).

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Opinion

Broyles, C. J.

The defendant in his sworn answer admitted the execution of the note sued on, but denied that the plaintiff had title to it or the right to sue thereon. The copy attached to the petition shows that the note was made payable to ¥m. A. Estroff, and was indorsed in blank on the back by the payee. On the trial the original note was not put in evidence, and the evidence introduced by the plaintiff failed to show that the title to the note passed to him, or that he had the legal right to sue on the note. The court, therefore, did not err in awarding a nonsuit.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur.

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Broyles, C. J.

The defendant in his sworn answer admitted the execution of the note sued on, but denied that the plaintiff had title to it or the right to sue thereon. The copy attached to the petition shows that the note was made payable to ¥m. A. Estroff, and was indorsed in blank on the back by the payee. On the trial the original note was not put in evidence, and the evidence introduced by the plaintiff failed to show that the title to the note passed to him, or that he had the legal right to sue on the note. The court, therefore, did not err in awarding a nonsuit.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur.

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171 S.E. 557, 47 Ga. App. 790, 1933 Ga. App. LEXIS 665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marks-v-moore-gactapp-1933.

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