Moore v. Moore, (No. 16584.)

• Decision Date: 13 February 1926
• Docket Number: (No. 16584.)
• Citation: 35 Ga.App. 39,131 S.E. 922
• Parties: MOORE. v. MOORE.
• Court: Georgia Court of Appeals

35 Ga.App. 39

131 S.E. 922

MOORE.

v.MOORE.

(No. 16584.)

Court of Appeals of Georgia, Division No. 2.

Feb. 13, 1926.

Rehearing Denied Feb. 26, 1926.

(Syllabus by Editorial Staff.)

Error from Superior Court, Greene County; J. S. Callaway, pro hac vice Judge.

Suit by Mrs. Margaret Moore, as administratrix of P. G. Moore, against G. A. Moore, executor of Mrs. Eliza C. Moore. Judgment for plaintiff, and defendant brings error. Affirmed.

Statement of Facts.

Mrs. Margaret Moore, as administratrix of P. G. Moore, brought suit against G. A. Moore, as executor of the will of Mrs. Eliza C. Moore, on two promissory notes signed by Mrs. J. M. Moore, who is admitted to be the same person as Mrs. Eliza C. Moore, payable to the order of P. G. Moore, the first note being dated January 1, 1921, in the sum of $400, and the second note being dated June 23, 1921, in the sum of $50; it being alleged that both notes were past due and unpaid. No defense was interposed denying liability on the $50 note. The defendant set up and introduced in evidence as a defense to the suit on the $400 note a writing dated September 1, 1921, signed by P. G. Moore, the payee of the note, which purported to transfer to G. A. Moore, a brother of the payee, in consideration of love and affection, two notes, one of which was the $400 note sued on. This writing was separate and distinct from the note itself and was not attached thereto.

The jury found in favor of the plaintiff for the full amount of both rotes. The defendant's motion for a new trial, which was based upon the general grounds and several special grounds, was overruled, and he brings the case to this court for review.

J. G. Faust and Noel P. Park, both of Greensboro, for plaintiff in error.

E. H. George, of Madison, for defendant in error.

Syllabus Opinion by the Court.

STEPHENS, J. [1] 1. Neither under the Negotiable Instruments Law, adopted August 18, 1924 (Ga. L. 1924, p. 126), nor under the law as it previously existed, does the legal title to a negotiable promissory note, payable to order, pass to a transferee for a consideration of love and affection only and not for value, except by indorsement upon the instrument itself or upon a paper attached to it. Such a transferee, therefore, acquires no legal title to the note by a separate transfer to him in writing executed by the payee, but unattached to the note. Ga. L. 1924, p. 126. §§ 31, 49; Citizens' First National Bank of Albany v. Wilson, 116 S. E. 316, 155 Ga. 321; Haug v. Riley, 29...