Jossey v. Rushin

• Decision Date: 30 November 1899
• Citation: 34 S.E. 558,109 Ga. 319
• Parties: JOSSEY v. RUSHIN.
• Court: Georgia Supreme Court

34 S.E. 558

109 Ga. 319

JOSSEY v. RUSHIN.

Supreme Court of Georgia

November 30, 1899

Syllabus by the Court.

A payee of a nonnegotiable paper does not become liable thereon as an indorser merely by writing his name on the back of it, but proof may be made of the actual agreement under which the indorsement was made. If the agreement was that he should be responsible for its payment, such agreement, if for a sufficient consideration, may be enforced.

Error from superior court, Marion county; W. B. Butt, Judge.

Action by J. F. Rushin against T. B. Jossey. Demurrer to the petition sustained, and, from a judgment of the superior court affirming such judgment, plaintiff brings error. Reversed.

Simeon Blue, for plaintiff in error.

Shipp & Sheppard, for defendant in error.

SIMMONS C.J.

It appears from the record that Rushin, the sheriff of Marion county, obtained an order from the judge of the superior court on the county treasurer for his insolvent costs in certain cases tried in that court. It further appears that he sold this order to Jossey for 85 per cent, of the face value thereof. Jossey presented the order to the county treasurer on two different occasions, who refused to pay it, for the want of funds. Jossey brought suit against Rushin in the county court of said county, and alleged in his petition "that it was understood and agreed verbally, at the time of said indorsement, that said Rushin was and is liable for the aforesaid sum, with interest." It was also alleged that, at the time of the indorsement, there were no funds in the county treasury, nor had there been up to the time of the filing of the suit. Rushin filed a demurrer to the petition upon the several grounds mentioned therein, which are not necessary to be here set out. This demurrer was sustained by the county judge; whereupon plaintiff presented a petition to the superior court of said county for a certiorari, alleging as error, the sustaining of the demurrer by the county judge. The court refused to sanction the petition, and he excepts and brings the case here for review.

The law seems to be well settled that, if a payee of a nonnegotiable instrument merely writes his name on the back thereof, he is not liable as indorser thereon. It seems, also, to be well settled by the weight of authority that, if he induces the transferee to purchase such nonnegotiable instrument, and transfers or indorses the same to the transferee...