Field v. McElroy

This was an action on a note secured by a loan deed to certain realty, brought by the payee against the administrator of the maker, in which the defendant set up that the note was not due and that there had been no default in payment of the loan represented thereby, which would give the payee the right to declare the same due. That the pleadings in the case presented an issue for a jury to pass upon, if the defendant introduced evidence in support thereof, was adjudicated on the former appearance of this case in this court. Field v. *408McElroy, 47 Ga. App. 735 (171 S. E. 300). It was there held…