Tilley v. Anthony

Court of Appeals of Georgia

Tilley v. Anthony

89 S.E. 379, 18 Ga. App. 181, 1916 Ga. App. LEXIS 209

CourtCourt of Appeals of Georgia

DecidedMay 30, 1916

Docket6648

StatusPublished

This text of 89 S.E. 379 (Tilley v. Anthony) 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

Tilley v. Anthony, 89 S.E. 379, 18 Ga. App. 181, 1916 Ga. App. LEXIS 209 (Ga. Ct. App. 1916).

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Opinion

Russell, C. J.

Even though there were circumstances which might have required the purchaser of the note in question to inquire into its consideration, still, since the language of the Civil Code, § 4288, as to “fraud in the procurement” of a note, refers not to fraud in the. original procurement of'the paper, but only to fraud on the part of the holder in obtaining the note (Harrell v. National Bank of Commerce, 128 Ga. 504, 57 S. E. 869), and since there was in this case no evidence of fraud on the part of the holder, nor any other evidence to rebut the presumption that the plaintiff was an innocent purchaser, it was not error to direct the verdict, which was demanded. Judgment affirmed.

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Russell, C. J.

Even though there were circumstances which might have required the purchaser of the note in question to inquire into its consideration, still, since the language of the Civil Code, § 4288, as to “fraud in the procurement” of a note, refers not to fraud in the. original procurement of'the paper, but only to fraud on the part of the holder in obtaining the note (Harrell v. National Bank of Commerce, 128 Ga. 504, 57 S. E. 869), and since there was in this case no evidence of fraud on the part of the holder, nor any other evidence to rebut the presumption that the plaintiff was an innocent purchaser, it was not error to direct the verdict, which was demanded. Judgment affirmed.

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Bluebook (online)

89 S.E. 379, 18 Ga. App. 181, 1916 Ga. App. LEXIS 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tilley-v-anthony-gactapp-1916.

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