Supreme Court of Georgia, 1876

Goodman v. Fleming

Supreme Court of Georgia · Decided July 15, 1876 · Warner

57 Ga. 350

Cases that cite this one

10 later published cases cite this decision.

Smith v. Standard Oil Company (Ga. 1971)
Lee v. Garland (Ga. 1951)
Bower v. Certain-Teed Products Corp. (Ga. 1960)
Roberts v. Investors Savings Co. (Ga. 1922)
Dixon v. Bond (Ga. Ct. App. 1916)
Pryor v. Ludden & Bates Southern Music House (Ga. 1910)
McNeel v. Smith (Ga. 1898)
National Bank v. Leonard (Ga. 1893)
Hiller v. Howell (Ga. 1884)
Martin v. Moore (Ga. 1879)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Warner, Chief Justice.

This was an action brought by the plaintiff, as indorsee of a promissory note without any negotiable words in it, against the defendant. At the trial of the case, the defendant demurred to the plaintiff’s declaration on the ground that the indorsee of a promissory note, without negotiable words in it, could not maintain an action thereon in his own name. The court overruled the objection, and the defendant excepted. The plaintiff then demurred to the defendant’s second plea which the court sustained, and the defendant excepted.

1. The question made by the first assignment of error was decided by this court, in the case of Cohen vs. Prater, 56 Georgia Reports, 203, adversely to the plaintiff in error in this case.

2. The plea of the defendant alleged that the note was given upon certain agreed terms and conditions not expressed in the note, and in contradiction thereof. There was no error in sustaining the plaintiff’s demurrer to the defendant’s plea.

Let the judgment of the court below be affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.