Spires v. Southern States Phosphate & Fertilizer Co.

Court of Appeals of Georgia

Spires v. Southern States Phosphate & Fertilizer Co.

61 S.E. 300, 4 Ga. App. 323, 1908 Ga. App. LEXIS 280

CourtCourt of Appeals of Georgia

DecidedMay 7, 1908

Docket982

StatusPublished

Cited by1 cases

This text of 61 S.E. 300 (Spires v. Southern States Phosphate & Fertilizer 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

Spires v. Southern States Phosphate & Fertilizer Co., 61 S.E. 300, 4 Ga. App. 323, 1908 Ga. App. LEXIS 280 (Ga. Ct. App. 1908).

Pincite

Opinion

Hill, C. J.

1. One who receives promissory notes or other ehoses in action as collateral s'ecurity is bound to use ordinary diligence to collect' them. Civil Code, §2963; Schoul. Bail. (3d ed. §236); Colebrooke, Col. Sec. §114.

2. Where the maker of a promissory note is sued thereon by the payee, and the defense is set up that the latter failed to collect certain promissory notes pledged with him by the former as collateral security, the defendant must show that the collateral notes were collectible, and that the . failure to collect them was due to the negligence of the plaintiff, and that damage resulted therefrom to the defendant. This burden was not successfully carried in the instant case. Fisher v. Jones Co., 108 Ga. 490 (34 S. E. 172).

3. Under the decision of the Supreme Court in the ease of Mauck v. Atlanta Trust and Banking Co., 113 Ga. 242 (38 S. E. 845), the evidence in the case sub judice demanded the verdict as. directed.

Judgment affirmed.

George H. Harris, B. M. Frizzells, for plaintiff in error,

cited: Civil Code, §2963; 10 Ga. 208; 65 Ga. 305; 113 Ga. 243; 108 Ga. 493; 94 Ga. 688; 113 Ga. 1165.

IF. A. Wooten, contra,

cited: Civil Code, §3802; 105 Ga. 235, and cases cited supra.

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

Hill, C. J.

1. One who receives promissory notes or other ehoses in action as collateral s'ecurity is bound to use ordinary diligence to collect' them. Civil Code, §2963; Schoul. Bail. (3d ed. §236); Colebrooke, Col. Sec. §114.

2. Where the maker of a promissory note is sued thereon by the payee, and the defense is set up that the latter failed to collect certain promissory notes pledged with him by the former as collateral security, the defendant must show that the collateral notes were collectible, and that the . failure to collect them was due to the negligence of the plaintiff, and that damage resulted therefrom to the defendant. This burden was not successfully carried in the instant case. Fisher v. Jones Co., 108 Ga. 490 (34 S. E. 172).

3. Under the decision of the Supreme Court in the ease of Mauck v. Atlanta Trust and Banking Co., 113 Ga. 242 (38 S. E. 845), the evidence in the case sub judice demanded the verdict as. directed.

Judgment affirmed.

George H. Harris, B. M. Frizzells, for plaintiff in error,

cited: Civil Code, §2963; 10 Ga. 208; 65 Ga. 305; 113 Ga. 243; 108 Ga. 493; 94 Ga. 688; 113 Ga. 1165.

IF. A. Wooten, contra,

cited: Civil Code, §3802; 105 Ga. 235, and cases cited supra.

Cite This Page — Counsel Stack

Bluebook (online)

61 S.E. 300, 4 Ga. App. 323, 1908 Ga. App. LEXIS 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spires-v-southern-states-phosphate-fertilizer-co-gactapp-1908.

Opinion

Related

Cite This Page — Counsel Stack