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3 Ga. App. 755

Bothell v. Whitley Bros.

Court of Appeals of Georgia

Decided February 24, 1908

Court of Appeals of Georgia · decided 1908-02-24

<p>Complaint, from city court of Tifton — Judge Eve. September 28, 1907.</p>

Relies on Habersham v. Lehman

Good law ✅— No negative treatment on recordhow we know

Decided 1908-02-24

How this case has been cited

Cited by 4 later decisions — most recently March 1928

4 state decisions

20190819101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hill, C. J.

¶11. The assignment of error is to a judgment denying a motion for a new trial, based on the general grounds, and is sufficient to reach the said grounds. The motion to dismiss is therefore denied. Rules of Court of Appeals, Rule 8.

¶2. 2. The evidence showing that the plaintiff was the bona fide holder of the acceptances sued on, and that he had received them before maturity and without notice of any defect or defense, it was error to allow testimony in support of a plea of failure of consideration. Civil Code, §3694.

¶33. The holder of a negotiable instrument indorsed in blank is presumed to be such bona fide and for value. Habersham v. Lehman, 63 Ga. 380.

¶44. A verdict for the plaintiff was demanded, and a new trial should have been granted. Judgment reversed.

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