Syfert Injury Law Firm
Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448Any person, firm, company, or corporation who may purchase any note, contract, or other evidence of debt given for any of the articles or things set forth in Code Section 10-3-3 when the consideration of said note is expressed on the face thereof as is provided in said Code section, whether before due and without notice or otherwise, where the consideration is so expressed, shall take the same with all the equities existing between the original parties; and the maker of such note, contract, or other evidence of debt shall have the right to make any defense to the payment of same as against such purchasers that could have been made against the original payee.
(Ga. L. 1897, p. 81, § 2; Civil Code 1910, § 4294; Code 1933, § 14-1805.)
- For article, "Copyright = Speech," see 65 Emory L.J. 199 (2015).
- This section clearly contemplates that an innocent purchaser of a negotiable instrument before due and without notice will be protected, except if the consideration is stated on the face of the instrument. Ferguson v. Bank of Dawson, 50 Ga. App. 604, 179 S.E. 236 (1935) (construing former Ga. L. 1912, p. 153, as to sales of corporate stock).
- If a note does not express upon the note's face the note's consideration, the principle that a bona fide holder of a negotiable promissory note, purchased for value and before maturity, is protected against a defense that the note was without consideration is applicable. Ferguson v. Bank of Dawson, 50 Ga. App. 604, 179 S.E. 236 (1935) (construing former Ga. L. 1912, p. 153, as to sales of corporate stock).
- If a note does not express upon the note's face the note's consideration, the principle that when a negotiable note payable at a future date was endorsed by the payee to the plaintiff, in the absence of proof to the contrary the law will presume that the plaintiff took before maturity, for value, and without notice, is applicable. Ferguson v. Bank of Dawson, 50 Ga. App. 604, 179 S.E. 236 (1935) (construing former Ga. L. 1912, p. 153, as to sales of corporate stock).
- Actual notice to a director of a bank, who is also on the loan committee of the bank, as to the consideration for a note about to be discounted by the bank, is sufficient notice to the bank of that fact, so as to let in all defenses against it that existed between the original parties. Ferguson v. Bank of Dawson, 50 Ga. App. 604, 179 S.E. 236 (1935) (construing former Ga. L. 1912, p. 153, as to sales of corporate stock).
- 11 Am. Jur. 2d, Bills and Notes, § 209.
- 10 C.J.S., Bills and Notes; Letters of Credit, §§ 15, 127.
- Right to inventions as between employer and employee, 32 A.L.R. 1037; 44 A.L.R. 593; 85 A.L.R. 1512; 153 A.L.R. 983; 61 A.L.R.2d 356.
Total Results: 3
Court: Supreme Court of Georgia | Date Filed: 2010-07-05
Citation: 699 S.E.2d 302, 287 Ga. 676, 2010 Fulton County D. Rep. 2198, 2010 Ga. LEXIS 511
Snippet: illustrate the importance of compliance with USCR 10.3. [4] The evidence was also sufficient to authorize
Court: Supreme Court of Georgia | Date Filed: 1987-06-19
Citation: 357 S.E.2d 62, 257 Ga. 181, 1987 Ga. LEXIS 785
Snippet: petition states the interest rate "will not exceed 10 3/4 %," the amount of interest due and annual interest
Court: Supreme Court of Georgia | Date Filed: 1975-09-09
Citation: 234 Ga. 906, 218 S.E.2d 633, 1975 Ga. LEXIS 1322
Snippet: were applicable charter provisions (§§ 10.3.3 and 10.3.4) in the old city charter which provided, in effect