Harrell v. Citizens Banking Co.
Cases that cite this one
8 later published cases cite this decision.
- Bennett v. Tucker & Pennington (Ga. Ct. App. 1924)
- Bussey v. Holtsizer (Ga. Ct. App. 1930)
- Hornsby v. American Agricultural Chemical Co. (Ga. Ct. App. 1928)
- Hall v. Vann (Ga. Ct. App. 1924)
- Kennedy v. Buckeye Cotton Oil Co. (Ga. Ct. App. 1922)
- Campbell v. Redwine Bros. (Ga. Ct. App. 1918)
- Turner v. Commercial Savings Bank (Ga. Ct. App. 1916)
- Whigham v. Fountain (Ga. 1909)
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
1. Where the payee of a promissory note secured by a collateral converts the same to. his own use by an unaiithorized sale thereof, he becomes liable to the .maker of the not’e' for the actual value of the collateral at the time of the sale. Waring v. Gaskill, 95 Ga. 731:
2. Inasmuch as the purchaser of a negotiable promissory note after its maturity takes it subject to the equities between the original parties, the maker, in a case of the nature above indicated, may, in defense to an action against him by such purchaser, recoup the value of the collateral at the time of its conversion by the original payee.
3. Applying the rules above announced to the facts of this case, the verdict was contrary to law and to the evidence, and the court ought to have granted a new trial.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.