Lawrence v. Stephens
Court of Appeals of Georgia
Complaint; from Baldwin superior court—Judge H. C. Hammond presiding. January 8, 1917. The action was on a promissory note of the defendant to Mrs. M. L. Stephens, the plaintiff, for $1,620, besides interest and attorney’s fees. The defendant pleaded that except as to a sum which he tendered by his plea, he had paid the note by delivering to the plaintiff certain notes of G. S. Sumner for $1,466, which the plaintiff accepted in payment.
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Complaint; from Baldwin superior court—Judge H. C. Hammond presiding. January 8, 1917. The action was on a promissory note of the defendant to Mrs. M. L. Stephens, the plaintiff, for $1,620, besides interest and attorney’s fees. The defendant pleaded that except as to a sum which he tendered by his plea, he had paid the note by delivering to the plaintiff certain notes of G. S. Sumner for $1,466, which the plaintiff accepted in payment. The additional plea referred to in the foregoing decision was as follows: Defendant says that the notes of G. S'. Sumner heretofore referred to in his answer…
1Opinion of the CourtBkoyles, P. J.
1. Under the facts as disclosed by the- record, the plea in abatement, which was filed by the defendant and allowed by the court, set up no valid defense to the plaintiff’s suit, and the court did not err in thereafter striking it on an oral motion made by the plaintiff’s counsel.
2. The plea in abatement having been stricken, and the defendant having introduced no evidence to sustain his other pleas, the court did not err in directing a verdict for the full amount sued for.
Judgment affirmed.
Jenkins and Bloodworth, JJ., concur. Sibley & Sibley, for plaintiff in error, cited:
Howes v. Chester,…
2Cases cited7 opinions
- Merritt v. BagwellSupreme Court of Georgia · 1883
- Augusta & Summerville Railroad v. DorseySupreme Court of Georgia · 1881
- Dykes v. McVaySupreme Court of Georgia · 1880
- Rogers v. HoskinsSupreme Court of Georgia · 1854
- Cook v. Georgia Land Co.Supreme Court of Georgia · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Mangham v. Hotel & Restaurant Supply Co.Court of Appeals of Georgia · 1963