22 Ga. App. 514 | Ga. Ct. App. | 1918
After the decision of the Supreme Court in this case as reported in 144 Ga. 233, the plaintiff amended his petition by alleging that the note sued on was indorsed “Roswell Construction Company, by J. L. Murphy, Treas.,” and by further alleging that “said note was indorsed to petitioner by the Roswell Construction Company, and before petitioner purchased the same it was indorsed by the Roswell Construction Company as follows: Roswell Construction Company, -by J. L. Murphy, Treas.” Defendants amended their plea as follows: “These defendants charge and allege: that the indorsement and transfer' on said note sued on by J. L. Murphy, treasurer of the Roswell Construction Company, to plaintiff was unauthorized, and that said J. L. Murphy
The evidence showed: that Dorris and Eeece executed an ordinary promissory note payable to the order of Eoswell Construction Company; that the treasurer of the payee was endeavoring to discount the note to the plaintiff, and J. P. Brooke, one of the defendants, who at that time had no connection with the note, told the cashier of the bank that the makers were “good men and that their note was absolutely gilt-edge;” whereupon the cashier said: “You don’t mind indorsing it then?” Brooke said “No,” and thereupon signed an agreement as follows: “For value received I hereby guarantee the payment of the within note and any renewal of the same, said note being for the principal sum of $1,-000.00, bearing interest at 8% and payable to the Eoswell Construction Co., or order, on Nov.' 1, 1911, signed by J. L. Dorris
Judgment affirmed.