Wallis v. Heard
Court of Appeals of Georgia
Complaint; from city court of Americus — Judge Harper. July 25, 1914. Miss Allie Heard, as holder of a promissory note for $1,500 and interest, payable to Dixie Chemical & Mining Company, of Columbus, Ga., sued the makers, L. P. Gartner and W. P. Wallis, for the amount of the note, with attorney’s fees as provided for therein.
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Complaint; from city court of Americus — Judge Harper. July 25, 1914. Miss Allie Heard, as holder of a promissory note for $1,500 and interest, payable to Dixie Chemical & Mining Company, of Columbus, Ga., sued the makers, L. P. Gartner and W. P. Wallis, for the amount of the note, with attorney’s fees as provided for therein. The defendants sought to set up in defense certain alleged agreements between themselves and the original payee of the note, and pleaded failure .of consideration, and also pleaded a set-off. The trial resulted in a verdict against them for $1,237 principal, besides…
1Opinion of the CourtBussell, C. J.
It appears from the record that the plaintiffs in error on December 20, 1912, executed and delivered to Dixie Chemical & Mining Company, of Columbus, Ga., a note for $1,500, payable at the Bank of Southwestern Georgia, Americus, Ga. The note, as appears from its face, is non-negotiable. The consideration expressed in one part of it is "value received,” but there were inserted, as the concluding phrase of the instrument and impliedly expressive of the real consideration, the words, "Part rental of plant of Dixie Chemical & Mining Company, as per terms of lease of even date.” The court admitted…
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