101 Ga. 126 | Ga. | 1897
Throne, Franklin & Adams brought suit against Ellis Davis & Company, a mining partnership, composed of Ellis Davis and C. R. Haskins, upon two promissory notes signed in the firm name, and payable to Jones & Whitehead or bearer. Plaintiffs alleged that they were holders for value before maturity, without notice of any defect or defense. The defendant Haskins pleaded, that he was a member of the defend
Applying the principles above laid down to the facts of this case, the court committed no error in directing a verdict for the plaintiffs for the amount of the notes sued on. According to the record, the plaintiffs were innocent purchasers before due, without notice of any defect in or defense to the notes, and were entitled to collect the same, notwithstanding'the fact that one partner had violated the partnership agreement and used the partnership note in payment of his individual indebtedness.
Judgment affirmed.