Nat'l Bondholders Corp. v. Cheeseman, 8 S.E.2d 391 (Ga. 1940). · Go Syfert
Nat'l Bondholders Corp. v. Cheeseman, 8 S.E.2d 391 (Ga. 1940). Cases Citing This Book View Copy Cite
14 citation events across 2 distinct courts.
Cited for
190 Ga. at 168 Demurrer requirements and lack of imperfection5 citing cases“put its finger upon the exact point of weakness.”2 citing courts quote it · 4 listed here
  • Jefferson Stand. Life Ins. v. Nelson, 64 S.E.2d 373 (Ga. Ct. App. 1951).published 2 cites
    Atlanta Plow Co. v. Bennett, 49 Ga. App. 672 (6) ( 176 S. E. 822 ); Koch Co. v. Adair, 49 Ga. App. 824 (3) ( 176 S. E. 680 ); National Bondholders Corp. v. Cheeseman, 190 Ga. 166, 168 ( 8 S. E. 2d, 391 ). *678 There is no such special demu…
  • Saliba v. Saliba, 40 S.E.2d 511 (Ga. 1946).published
    Finally, the defendant in error invokes the rule that a special demurrer, being a critic, must itself be perfect and free from imperfection (National Bondholders Corp. v. Cheeseman, 190 Ga. 166, 168, 169 , 8 S. E. 2d, 391 ); the argument a…
  • Allen v. Allen, 196 Ga. 736 (1943).published
    Co., 176 Ga. 155 (2) ( 167 S. E. 286 ); National Bondholders Cor. v. Cheeseman, 190 Ga. 166, 168 ( 8 S. E. 2d, 391 ).
  • Hall v. Browning, 195 Ga. 423 (1943).published
    “put its finger upon the exact point of weakness”
Retrieving the full opinion text from the archive…
NATIONAL BONDHOLDERS CORPORATION
v.
CHEESEMAN Et Al.
13185..
Supreme Court of Georgia.
Apr 11, 1940.
Published opinion
8 S.E.2d 391
1940 Ga. LEXIS 420
Pearce John S. Matthews , for plaintiff. J. Howell Green , for defendants.
Duckworth.
Cited by 7 opinions  |  Published
[*168] Duckworth, Justice.

The demurrer attacks paragraph 6 of the petition, because, as asserted, it fails to show by whom the sale under the power contained in the security deed was made, and whether the sale was by the plaintiff or other parties. Looking to the petition in considering this portion of the demurrer, it appears that as amended it explicitly alleges that the sale was made by John E. Lee. This allegation, in addition to answering the first inquiry as to who made the sale, also answers the further question raised by the demurrer as to whether the sale was by the plaintiff or other parties. Consequently this portion of the demurrer is completely without merit. The remainder of paragraph 4 calls upon the petitioner to set out or refer to a transfer of the security deed or conveyance of the property, and to show authority for sale of the above-described property pursuant to the security deed, provided and only provided such sale was made by plaintiff. Since the sale was not made by the plaintiff, the demurrer calls for no information and requires no amendment. If in stating this ground of the demurrer it was desired by the defendant to obtain information on these questions relative to the party making the sale, whether such party be the plaintiff or some one else, the demurrer should have so stated. Demurrer, being a critic, should itself be free from imperfection. A special demurrer must put its finger upon the exact point of weakness. Southern States Portland Cement Co. v. Helms, 2 Ga. App. 308 (58 S. E. 524); Marietta [*169] Realty & Development Co. v. Reynolds, 189 Ga. 147 (5 S. E. 2d, 347). There is no merit in paragraph 4 of the demurrer.

Paragraph 5 of the demurrer constitutes no valid attack upon the petition. The petition conforms to all legal requirements with reference to showing the plaintiff’s right to sue on the note, when it sets forth copy of the same, showing indorsement in blank by the payee and the amount due thereon, and alleges that plaintiff is the owner and holder thereof. These facts make a prima facie case of “holder in due course.” Code, § 14-509. When the Mortgage Guarantee Company of America, the payee, signed its name on the back of the note sued on, that, without more, constituted an indorsement in blank. Code, § 14-402; Heard v. DeLoach, 105 Ga. 500 (30 S. E. 940); Hendrix v. Bauhard, 138 Ga. 473 (75 S. E. 588, 43 L. R. A. (N. S.) 1028, Ann. Cas. 1913D, 688). With .this the only indorsement in blank appearing on the note, it is payable to “bearer.” Code, § 14-209 (5). And it may be negotiated by delivery. § 14-405. Maturity of the note does not affect its negotiability. Bank of Oglethorpe v. Swindle, 155 Ga. 69 (116 S. E. 604, 33 A. L. R. 695). Ist was error to sustain the demurrer and dismiss the action.

Judgment reversed.

All the Justices concur.