2 Ga. App. 221 | Ga. Ct. App. | 1907
The plaintiff sued upon a negotiable promissory-note made by the defendants’ intestate, payable to the New England Jewelry Company. Upon the back of the note was an indorsement as follows: “March 2, 1903. For value received, we hereby sell and assign the within note to the Johnson County Savings-Bank. New England Jewelry Co.” The defendant pleaded, and attempted to prove, that the consideration of the note was jewelry, alleged to be good serviceable gold-plated and gold-filled jewelry, sold by the New England Jewelry Company to the defendants’’ intestate; whereas a lot of brass jewelry was delivered, worth only about one fourth as much as the jewelry contracted for. There-was no evidence of the circumstances under which the plaintiff’s, title to the note was acquired, except the written transfer set forth
4. The note was payable in five equal instalments, due seriatim on the 20th day of the following months: January, April, July, .and October, 1903, and January, 1904. It contained the following provision: “Any instalment past due to draw six per cent, interest per annum; if not paid within ten days after due, the whole note to become due on the option of holder.” The first instalment appears to have been paid. (Otherwise the plaintiff would have fallen within the purview of the latter portion of Civil Code, §3695.) The court directed a verdict for the aggregate princi
Judgment reversed.