Randolph v. Fleming

Supreme Court of Georgia

Randolph v. Fleming

59 Ga. 776

CourtSupreme Court of Georgia

DecidedAugust 15, 1877

StatusPublished

Cited by9 cases

This text of 59 Ga. 776 (Randolph v. Fleming) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Randolph v. Fleming, 59 Ga. 776 (Ga. 1877).

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Opinion

Bleckley, Judge.

1. It is conceded that the note, on its face, was payable at á chartered bank, and that the indorser was an accommodation indorser. lie was not informed, nor did he have reason to believe, that the note was not to be negotiated at the bank where it was payable. A purpose or intention to negotiate it there was inferable from the writing itself. 9 Ga. 305-6. As to parol evidence on such a question, see 4 Ga. 106; 30 Ib., 271; 52 Ib., 131; and compare these with 28 Ga., 177. The indorser had aright to expect notice, and was entitled to have it. Code, §2781.

2. After the note became due, interest was accepted by the payee from the makers for a short period in advance. In the absence of express stipulation (and none took place) a contract for indulgence arose by implication, and the indorser was thus discharged. 37 Ga. 384.

Cited by counsel: (notice) Code §§2781, 2151, 3808; 4 Ga., 106 ; 9 Ib., 305 ; 28 Ib., 177; 30 Ib., 271; 33 Ib., 491; 52 Ib., 131; 44 Ib., 63 ; 46 Ib., 14; 53 Ib., 493 ; (interest in advance — indulgence) Code, §2154; 37 Ga., 384; 46 Ib., 422 ; 3 Rich., 121 ; Holt N. P. 84.

Judgment affirmed.

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Bleckley, Judge.

1. It is conceded that the note, on its face, was payable at á chartered bank, and that the indorser was an accommodation indorser. lie was not informed, nor did he have reason to believe, that the note was not to be negotiated at the bank where it was payable. A purpose or intention to negotiate it there was inferable from the writing itself. 9 Ga. 305-6. As to parol evidence on such a question, see 4 Ga. 106; 30 Ib., 271; 52 Ib., 131; and compare these with 28 Ga., 177. The indorser had aright to expect notice, and was entitled to have it. Code, §2781.

2. After the note became due, interest was accepted by the payee from the makers for a short period in advance. In the absence of express stipulation (and none took place) a contract for indulgence arose by implication, and the indorser was thus discharged. 37 Ga. 384.

Cited by counsel: (notice) Code §§2781, 2151, 3808; 4 Ga., 106 ; 9 Ib., 305 ; 28 Ib., 177; 30 Ib., 271; 33 Ib., 491; 52 Ib., 131; 44 Ib., 63 ; 46 Ib., 14; 53 Ib., 493 ; (interest in advance — indulgence) Code, §2154; 37 Ga., 384; 46 Ib., 422 ; 3 Rich., 121 ; Holt N. P. 84.

Judgment affirmed.

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59 Ga. 776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/randolph-v-fleming-ga-1877.

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