CHASTAIN FINANCE COMPANY v. Sherwood

Pannell, Judge.

Chastain Finance Company brought suit against Robert E. Sherwood on a promissory note seeking recovery of principal, interest and attorney’s fees. The defendant answered that he had paid the note sued upon (by renewal), and by amendment, unobjected to, a renewal note was attached to the petition. On the same day that the defendant filed a motion for summary judgment, attaching thereto an affidavit purporting to show an accord and satisfaction of the debt sued upon after the filing of this suit, the defendant filed a paper entitled in the cause stating: “Comes now the defendant,…