Akers v. Decatur Street Bank

1. The title of the holder of a note can not be inquired into, unless it is necessary for the protection of the defendant, or to let in defenses which he seeks to make. Civil Code, § 4290. The defendant in this case, in his answer to the suit on the promissory notes, denied generally the indebtedness alleged in the petition; and, nowhere having set up a legal defense, his denial was in effect a plea of the general issue, and was properly stricken on demurrer. Johnson v. Cobb, 100 Ga. 139 (28 S. E. 72).

2. Section 5034 of the Civil Code provides that “In all eases where' the defendant desires…