Groves v. Sexton
Court of Appeals of Georgia
Complaint, from city court of Macon — Judge Hodges. June-13, 1908. The action was by Marie W. Sexton against Mrs. W. C. Groves: as maker of a promissory note payable to the order of Thomas F.. Beytaugh. The court, on demurrer, struck the defendant’s plea,, and judgment was rendered for the amount of the note ($251.50- and interest, and 10 per cent, thereon as attorney’s fees). She.excepted to the judgment sustaining the demurrer.
Read the full summary
Complaint, from city court of Macon — Judge Hodges. June-13, 1908. The action was by Marie W. Sexton against Mrs. W. C. Groves: as maker of a promissory note payable to the order of Thomas F.. Beytaugh. The court, on demurrer, struck the defendant’s plea,, and judgment was rendered for the amount of the note ($251.50- and interest, and 10 per cent, thereon as attorney’s fees). She.excepted to the judgment sustaining the demurrer. The demurrer was on the grounds, that the plea is insufficient in law, that it fails to set forth with certainty and particularity the-alleged fraud and…
1Opinion of the CourtRussell, J.
1. A plea of payment which, fails to allege with reasonable-certainty when, how, and to whom the payment was made is insufficient, and, unless amended, should be stricken, upon demurrer, timely filed, specifically pointing out these defects-.
2. In pleading fraud, the specific facts constituting- fraud must be stated. The averment of fraud must not depend upon conclusions, but the conclusion must arise from the full, certain, and explicit statement of the facts relied upon to show fraud.
3. There was no error in sustaining the demurrer. Judgment affirmed.
Citations by counsel: Ga. R. 98/173;…
2Cited by4 opinions
- Rentz Drug Co. v. Bishop-Babcock Co.Court of Appeals of Georgia · 1923
- Williford v. PhillipsCourt of Appeals of Georgia · 1934
- Corbin v. Welfare Finance Co.Court of Appeals of Georgia · 1954
- Howard Inc. v. Nalley & Co.Court of Appeals of Georgia · 1935