Bales v. First Nat'l Bank, 73 S.E. 1076 (Ga. Ct. App. 1912). · Go Syfert
Bales v. First Nat'l Bank, 73 S.E. 1076 (Ga. Ct. App. 1912). Cases Citing This Book View Copy Cite
No syfertize treatment data for this case.
Retrieving the full opinion text from the archive…
Bales
v.
First National Bank of Dublin
3791.
Court of Appeals of Georgia.
Mar 6, 1912.
Published opinion
73 S.E. 1076
1912 Ga. App. LEXIS 657
Ira S. Chappell, for plaintiff in error., Adams & Flynt, .contra.
Him.
Published
Him, C. J.

Where the payee in a promissory note sues thereon in his own name for the use of another, and the usee, before the commencement of the action, has acquired the legal title by indorsement of the note sued on, the petition is amendable by striking the name of the original plaintiff and allowing the action to proceed in the name of the usee. Civil Code (1910), §§ 5689, 5690; Swilley v. Hooker, 126 Ga. 353 (55 S.E.31) ; Woodbridge v. Drought, 118 Ga. 671 (45 S. E. 266). There being no defense filed to the suit on the merits, and no question raised except as above decided, the judgment is affirmed, with ten per cent, on the amount of the judgment, as damages for frivolous appeal.

Judgment affirmed, with damages.