Turner v. Planters Chemical & Oil Co.
Court of Appeals of Georgia
Complaint; from city court of Eloyd county — Judge Nunnally. May 11, 1917. The Planters Chemical & . Oil Company brought suit against Turner on a note given by him on May 20, 1907, to the North Georgia Fertilizer Company, maturing December 1, 1907, and indorsed to the plaintiff before suit was filed.
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Complaint; from city court of Eloyd county — Judge Nunnally. May 11, 1917. The Planters Chemical & . Oil Company brought suit against Turner on a note given by him on May 20, 1907, to the North Georgia Fertilizer Company, maturing December 1, 1907, and indorsed to the plaintiff before suit was filed. In his plea the defendant admitted the execution of the note, and the notice as to attorney’s fees; but alleged that he had fully paid the note, before its maturity, by delivering to the holder certain promissory notes for guano sold, which were accepted by the holder as payment. By an amendment…
1Opinion of the CourtHarwell, J.
' (After stating the foregoing facts.) The last amendment offered by defendant to his plea of set-off was not marked “allowed” by the auditor. However, the auditor and both parties considered it as allowed, and evidence in its support was introduced without objection. The auditor stated in open court that the amendment was used on the hearing and treated as allowed by him, but by inadvertence he failed to sign it as allowed. .Since this amendment was treated as allowed, and was really allowed by the auditor though not so signed, and evidence was without objection introduced in support of it…
2Cases cited7 opinions
- Haug v. RileySupreme Court of Georgia · 1897
- Cureton v. CuretonSupreme Court of Georgia · 1904
- Mason v. Commissioners of Roads & RevenuesSupreme Court of Georgia · 1898
- First State Bank v. AveraSupreme Court of Georgia · 1905
- Wade v. ElliottCourt of Appeals of Georgia · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Oliver v. GodleyCourt of Appeals of Georgia · 1928
- Chandler v. Merchants & Mechanics National BankCourt of Appeals of Georgia · 1923
- Henry v. Century Finance Co.Court of Appeals of Georgia · 1964