Belt v. Georgia Bank & Trust Co.

Felton, Chief Judge.

Since the action was instituted subse*546quently to the maturity date of the note, the note was not, at that time, a conditional contract, even if it contained stipulations providing for acceleration of maturity, at the holder’s option and optional attorney’s fees upon certain other conditions, as is contended by appellant. Cf. Hartsfield Co. No. 3 v. Williams, 114 Ga. App. 547, 548 (2) (151 SE2d 908) and cit.

The defendant’s mere unsworn denial of the allegations of Paragraph 2 as pleaded is evasive, constitutes neither a denial of the paragraph nor an issuable defense to the…