Ashburn Bank v. Childress

Jordan, Presiding Judge.

The Ashburn Bank and the Citizens Bank of Ashburn commenced substantially identical actions in Terrell Superior Court, each to recover on virtually identical unconditional promissory demand notes for- $6,675, the one to the Ashburn Bank bearing a date of November 13, 1965, and the other bearing a date of November 15, 1965, the defendant having failed to pay the notes after demand in writing. In answer to each action the defendant relies solely on a defense of “failure of consideration”, the defense being based on allegations to the effect that the defendant executed…