Chastain v. Barwick
Court of Appeals of Georgia
Complaint; from city court of Cairo—Judge Willie. January 20, 1917. Lib Barwick sued Chastain on a .promissory note, payable to the plaintiff, for $159 and interest.
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Complaint; from city court of Cairo—Judge Willie. January 20, 1917. Lib Barwick sued Chastain on a .promissory note, payable to the plaintiff, for $159 and interest. The defendant, in his answer, admitted the execution of the note, alleged that before and on the date of signing the note the plaintiff was owing him $652.50, for money and property which the plaintiff had received from him, and further pleaded as follows: “4. Defendant further says that plaintiff paid defendant said sum on the date, and said note was given for the reasons and purposes hereinafter stated. 5. That said plaintiff…
1Opinion of the CourtBboyles, P. J.
1. In an action upon a promissory note, between the original parties to the contract, the defendant may plead a partial failure of the consideration upon which the contract was founded. Civil Code (1910), § 5675.
2. Applying this principle of law to the facts of the case at bar, the court erred in. striking, upon an oral motion, paragraphs 4, 5, 6, 8, and 9 of the defendant’s plea.
3. The error in striking portions of the answer rendered nugatory the further proceedings in the case.
Judgment reversed.
Jerilcins and Bloodmorth, JJ., concur. 'Ledford & Christopher, for plaintiff in error. •Q.…
2Cited by2 opinions
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