79 Ga. 810 | Ga. | 1887
If they gave the name and place of residence of a witness, and the witness examined bore that name and was examined at that place, that would be identification.enough in the absence of any circumstance to cause distrust of the fairness or accuracy of the commissioners. That they examined a different person from the one whom the commission authorized them to examine, is surely not to be presumed. Their failure to certify expressly to the identity is no substantial omission, for it is no less their duty to
The heading of “ Georgia, Muscogee county,” is coupled with a statement of the case, and means simply to give the State and county in which the action was pending. lYhen the whole document is construed together, there is not a trace of ambiguity.
It appeared from the evidence that the bill was drawn at Jeffersonville, Indiana, and sent by the payee, a bank there situated, to Columbus, Ga., for acceptance, and after acceptance was returned to the bank, and by it discounted, the drawers indorsing in blank, and receiving credit in their account with the bank for the amount of the bill, less the discount. The acceptance matured thirty days after October 14th, and was discounted on the 16th of October.
The effect of accepting a bill is to acknowledge that the drawer has funds in the hands of the acceptor applicable to its payment, and the payee is entitled to repose with absolute trust and confidence upon that admission, and is under no duty to inquire further. If the admission proves injurious, he who made it must take the consequences. What has the payee to do, after parting with his money on the faith of the acceptance, with the state of the accounts between drawer and acceptor ? Nothing whatever. The acceptor is the party primarily liable, and his dealings about consideration for acceptance are with the drawer; the payee’s dealings are also with the drawer. If the payee gives value to the drawer, and acquires the bill in due eourse of. trade before maturity, he is entitled to all the
Judgment affirmed.