Kimbell v. Jackson National Bank
Kimbell v. Jackson National Bank
Opinion of the Court
This was a suit by the Jackson National Bank against Kimbell as surety on a note made to the bank by O. J. Martin and-T. F. Martin. O. J. Martin died after the execution of the note, and Kimbell was administrator on his estate at the time he indorsed the instrument. The defendant pleaded that his indorsement as secured lacked consideration. On the trial of the case the judge directed a verdict in favor of the plaintiff. There appears to be a conflict in the testimony between the cashier of the plaintiff bank and the defendant. According to the testimony
Under the testimony of the defendant, his indorsement as security was without any sort of valid consideration, since it was not an original indorsement, and the transaction as entered upon did not inure in a legal sense either to the benefit of the defendant or to the detriment of the plaintiff. What the plaintiff then contended, as sworn to by the defendant, as to why the payment of the cheek was withheld, could not, in a legal sense, have afforded the basis of any bona fide claim on plaintiff’s part. Alfred Struck Co. v. Slicer, 23 Ga. App. 52, 55 (97 S. E. 455). Accordingly, the court erred in directing a verdict in favor of the plaintiff.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.