City of Moultrie v. Schofield's Sons Co.
Court of Appeals of Georgia
Complaint, from city -court of Moultrie — Judge McKenzie. June 29, 1909. J. S. Schofield’s Sons Company sued the City of Moultrie on a promissory note, for $2,317.70. The defendant filed an answer, certain portions of which were stricken on demurrer; and three amendments to the answer were stricken on the ground that they were insufficient in law. The defendant excepts to these rulings, and also to the final judgment rendered in favor of the plaintiff.
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Complaint, from city -court of Moultrie — Judge McKenzie. June 29, 1909. J. S. Schofield’s Sons Company sued the City of Moultrie on a promissory note, for $2,317.70. The defendant filed an answer, certain portions of which were stricken on demurrer; and three amendments to the answer were stricken on the ground that they were insufficient in law. The defendant excepts to these rulings, and also to the final judgment rendered in favor of the plaintiff. I n the answer the execution and delivery of the note was admitted, and it was also admitted that the note was the property of the plaintiff,…
1Opinion of the CourtBussell, J.
(After stating the foregoing facts.)
The court properly sustained the demurrer to the original answer and to the amendments thereto. The first amendment, denying the authority of the mayor to sign the name of the city to the note, was inconsistent with the distinct allegation and admission of the defendant in the second paragraph of the original answer, to the effect that the execution of the note by the defendant was admitted. Furthermore, in several paragraphs of the original answer, it is averred that J. F. Monk executed the contract and the note as the representative of the city and by its…
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