McClendon v. Minter

1. A plea setting up the defense that a promissory note given as evidence of a pre-existing debt (the justness of which was not denied) was void, because, as alleged, the defendant would not have executed the note but for a promise on the part of the payee to “run him” the next year, was properly stricken, since there was no allegation that the defendant was injured or damaged by the written promise to pay his debt. The ruling is controlled by the decision of this court in Bowen v. Waxelbaum, 2 Ga. App. 521 (2), 522 (58 S. E. 784). Reasonably construed, the plea admitted that at the time the…