Hickman v. Bell

1. The defendant, being sued on a note, filed two pleas: (1) non est factum; (2) what was called a plea of estoppel by conduct misleading the defendant into a belief that the debt had been paid. The evidence established no legal defense under the second plea. Held, that the court did not err in restricting the jury to a consideration of the de*320fense made by the other plea, as to which there was a conflict in the evidence. Kelly v. Strouse, 116 Ga. 872 (2a), (43 S. E. 280); Crew v. Hutcheson, 115 Ga. 511 (2), (42 S. E. 16).

Decided January 15, 1912. Complaint; from city court of Waynesboro —…