Johnson v. Cobb
Supreme Court of Georgia
Complaint on note. Before Judge Reid. City court of Atlanta. March term, 1896. H. H. Cobb sued ~W. E. Johnson upon a promissory note for $Q01.50 principal, dated September 5, and due December 1, 1895. Defendant filed a plea which was stricken on demurrer.
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Complaint on note. Before Judge Reid. City court of Atlanta. March term, 1896. H. H. Cobb sued ~W. E. Johnson upon a promissory note for $Q01.50 principal, dated September 5, and due December 1, 1895. Defendant filed a plea which was stricken on demurrer. This plea denies that defendant is indebted to-plaintiff as alleged, or that the note is in the hands of plaintiff in his own right as holder by virtue of the endorsement' •of defendant to 'whose order the note is made payable, or •that payment of the same has been demanded and refused; and further sets up as a defense, that in September,…
1Opinion of the Court
Little, Justice.
The error alleged to have been committed by the court helow, -and which is sought to be corrected here, is that the court sustained a demurrer to the plea interposed by the plaintiff in error (who was the defendant below) in bar of the action. The report of the case given above sets out in brief the contents of the stricken plea, and it is material only ‘to consider the three main propositions which it sets up, to determine its merit as a defense.
1. The plea alleges, that before miakin'g and delivering -.the note which was given in payment of premium on a *141policy insuring the…
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