93 Ga. 749 | Ga. | 1894
Lesser sued Bennett as principal and Apple as indorser on two promissory notes, due respectively nine and twelve months after date, payable to the order of Apple at any bank in Savannah, Ga., signed by Bennett and indorsed in blank by Apple. The notes were made at Way cross, Ga. There was a verdict against the defendants upon one of the notes, and they made a motion for a new trial on the ground that the verdict was contrary to law and the evidence; the motion was overruled, and they excepted. It appeared from the evidence that before the notes matured, Lesser deposited them in a bank in Augusta for collection, and the cashier of the bank forwarded them.to a Savannah bank for collection. On the day of their maturity, the cashier of the latter bank presented them to the teller of another bank in Savannah and demanded payment, which was refused, there being no funds to meet them. The cashier who had presented the notes for payment protested them, and made out separate notices of protest, addressed respectively to Bennett, Apple, Lesser, and the cashier of the Augusta bank from which the notes had been received for collection. All the notices were mailed to Beane, the cashier of the Augusta bank, and Beane in turn mailed to Bennett, Apple and Lesser the notices intended for them. It does not appear from the evidence at what time the cashier of the Savannah bank mailed
3. There is no evidence from which an unconditional promise by the indorser to pay the note could rightly be inferred. Judgment reversed.