Patton v. Bank of LaFayette
Supreme Court of Georgia
Complaint. Before Judge Henry. Floyd superior court. March 21, 1905. This was a suit upon a promissory note, brought by the Bank of LaFayette against the executors of Mrs. Helen A. Nevin, the plaintiff alleging that in the course of its business it had discounted the note for C. Bowell, and was'the holder and owner thereof.
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Complaint. Before Judge Henry. Floyd superior court. March 21, 1905. This was a suit upon a promissory note, brought by the Bank of LaFayette against the executors of Mrs. Helen A. Nevin, the plaintiff alleging that in the course of its business it had discounted the note for C. Bowell, and was'the holder and owner thereof. The note was for the principal sum of $1,500, was dated October 1, 1902, and was payable 90 days after date to the order of Helen A. Nevin, at the Bank of LaFayette, Ga., with interest at 8 per cent, per annum after maturity. It contained the usual waiver of homestead, was…
1Opinion of the CourtEvaNS, J.
(After stating the facts.) 1. The answer of the defendants, as originally filed, was not sworn to, and for that reason the plaintiff demurred to the plea of non est factum. The demurrer came on to b'e heard at the trial term, and the court, after permitting the defendants to perfect their plea by verifying the answer under oath, overruled this ground of the demurrer. The defect in the plea being one which was amendable, the court properly allowed the defendants to meet the demurrer by swearing to the averments on which they based this defense. Ward v. Frick Co., 95 Ga. 804; Rodgers v.…
2Cases cited24 opinions
- United States v. RogersSupreme Court of the United States · 1846
- Eastlick v. Southern Railway Co.Supreme Court of Georgia · 1902
- Harrison v. YoungSupreme Court of Georgia · 1851
- Union Savings Bank & Trust Co. v. DottenheimSupreme Court of Georgia · 1899
- Blount v. BeallSupreme Court of Georgia · 1894
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- Neal v. Davis Foundry & Machine WorksSupreme Court of Georgia · 1908
- Jobson v. MastersCourt of Appeals of Georgia · 1924
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