Riverside Milling & Power Co. v. Bank of Cartersville
Supreme Court of Georgia
Complaint. Before Judge Edwards. Bartow superior court. June 30, 1913. The Bank of Cartersville brought suit against the Biverside Milling and Power Company as maker, and George W. Brooke and A. Strickland 'as sureties, on three promissory notes aggregating the principal sum of $2,493.00. The defendants answered the petition, and subsequently offered an amendment.
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Complaint. Before Judge Edwards. Bartow superior court. June 30, 1913. The Bank of Cartersville brought suit against the Biverside Milling and Power Company as maker, and George W. Brooke and A. Strickland 'as sureties, on three promissory notes aggregating the principal sum of $2,493.00. The defendants answered the petition, and subsequently offered an amendment. On objection the first eight paragraphs of the amendment and a part of the ninth were rejected, and the defendants filed exceptions pendente lite. A demurrer to the original answer was sustained as to paragraphs 7, 8, and 9 thereof,…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. The demurrer to paragraphs seven, eight, and nine of the answer was properly sustained. This point is controlled by the decision in Strickland v. Bank of Cartersville, ante, 565. Nor was there error in rejecting and striking paragraphs one to eight and part of paragraph nine of the amendment to the answer, upon the objections made to them.
2. The suit was based on notes which contained a provision for the payment of ten per cent, on the 'amount of the debt, as attorney’s fees. The defendants were the Biverside Milling and Power Company 'as maker, and…
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