90 Ga. 339 | Ga. | 1892
. The Maverick National Bank of Boston recovered against Huguley & Co. and the Western National Bank of New York, upon the following state of facts:
Certain promissory notes of the Alabama & Georgia Manufacturing Company to Huguley & Co., amounting in the aggregate to $15,000, were delivered by the latter to the plaintiff, before maturity, as security for a debt of $5,000 and interest. To secure these notes and others not transferred to the plaintiff', the maker of the notes had given to Huguley & Co. a mortgage on certain real estate, but no assignment of this mortgage or of any interest in it was made to the plaintiff'. After all the notes had matured, Huguley & Co., in their own name, foreclosed the mortgage for the entire indebtedness which it had been given to secure, having first gotten back the transferred notes, after maturity, from the transferee, under an agreement with the latter to hold them
The grounds of exception mainly relied upon are based upon the failure of the court below to charge the jury as to the defence of good faith and want of notice on the part of the assignee of the judgment. In
Looking further to the language of the code, we find that section 2244, in which all dioses in action are declared to be assignable, although it protects the equities of the debtor, makes no provision as to the equities of third persons. It says: “All dioses in action arising upon contract may be assigned so as to vest the title in the assignee, but he takes it, except negotiable securities,.