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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: 11
Court: N.D. Ga. | Date Filed: 2017-02-27T00:00:00-08:00
Citation: 238 F. Supp. 3d 1370
Snippet: through October 31,2014). (PI. Resp. DSMF ¶29; [24.10] at 3-4). Defendant advised Mrs. Durden that it “insists
Court: N.D. Ga. | Date Filed: 2015-03-11T00:00:00-07:00
Citation: 90 F. Supp. 3d 1351
Snippet: response of Defendant Nutragenom-ics MFG), Ex. 10, at 3-4 (response of Defendant Malone). Further, in response
Court: N.D. Ga. | Date Filed: 2013-09-27T00:00:00-07:00
Citation: 975 F. Supp. 2d 1374
Snippet: further across the parking lot. Expert Report [25-10] at 3-4, 7, 12; Supplemental Expert Report [41-2] at
Court: Ga. | Date Filed: 2010-07-05T00:00:00-07:00
Citation: 699 S.E.2d 302, 287 Ga. 676
Snippet: illustrate the importance of compliance with USCR 10.3. [4] The evidence was also sufficient to authorize
Court: S.D. Ga. | Date Filed: 2002-08-30T00:00:00-07:00
Citation: 253 F. Supp. 2d 1364
Snippet: nationwide, not just in the Eleventh Circuit. Doc. # 10 at 3-4; # 11 at 3. Herndon's argument must be rejected
Court: Ga. Ct. App. | Date Filed: 1994-05-26T00:00:00-07:00
Citation: 444 S.E.2d 393, 213 Ga. App. 303
Snippet: motion for new trial. See Cobb v. State, 218 Ga. 10 (3, 4) (126 SE2d 231) (1962); Morgan v. State, 161 Ga
Court: Ga. Ct. App. | Date Filed: 1991-04-01T00:00:00-08:00
Citation: 199 Ga. App. 489, 405 S.E.2d 313
Snippet: LE2d 560); Culbertson v. State, 193 Ga. App. 9, 10 (3, 4), supra. The evidence demonstrated that the officers
Court: Ga. | Date Filed: 1987-06-19T00:00:00-07:00
Citation: 357 S.E.2d 62, 257 Ga. 181
Snippet: states the interest rate "will not exceed 10 3/4 %," the amount of interest due and annual
Court: Ga. | Date Filed: 1975-09-09T00:00:00-07:00
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
Court: Ga. Ct. App. | Date Filed: 1948-04-29T00:00:00-07:00
Citation: 48 S.E.2d 137, 77 Ga. App. 187
Snippet: constant, and that she was in the hospital for 10 and 3/4 days, thereafter in bed at home for 3 weeks,
Court: Ga. Ct. App. | Date Filed: 1910-09-06T00:00:00-08:00
Citation: 8 Ga. App. 211
Snippet: been owing him an indebtedness of $9 or $10 for three or four years; that before he procured the warrant