Mitchell v. Mitchell

The appellant asserted the defenses of novation and accord and satisfaction. The trial court granted judgment for the appellee nowithstanding the verdict, finding no competent evidence to support those defenses, and, in any event, a total lack of consideration for either a novation or an accord and satisfaction.

A novation must be supported by a new consideration. OCGA § 13-4-5 generally; Maguire v. Ivey, 212 Ga. 151 (91 SE2d 35) (1956). In the instant case, the only difference between the original note sued upon the subsequent notes allegedly executed solely by John Lewis Mitchell at the time…