Anderson v. First National Bank
Court of Appeals of Georgia
Complaint; from city court of Millen—Judge Dekle.January 21, 1918. The First National Bank of Millen sued A. S. Anderson, C. M. Gay, and R. D. Kent on a promissory note of the defendants for $500 principal, dated September 10, 1915. The defendants filed an answer in which they denied indebtedness and pleaded as follows: “Defendants say that said note is one of A. S. Anderson’s and which C. M. Gay and R..D.
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Complaint; from city court of Millen—Judge Dekle.January 21, 1918. The First National Bank of Millen sued A. S. Anderson, C. M. Gay, and R. D. Kent on a promissory note of the defendants for $500 principal, dated September 10, 1915. The defendants filed an answer in which they denied indebtedness and pleaded as follows: “Defendants say that said note is one of A. S. Anderson’s and which C. M. Gay and R..D. Kent are only indorsers, and that said First National Bank is due said A. S. Anderson more than he is due them, and therefore there is nothing due thereon.” By amendment it was averred:…
1Opinion of the CourtBloodworth, J.
The court did not err either in striking the pleas filed in this ease or in directing a verdict for the plaintiff.
Judgment affirmed.
Broyles, P. J., and Harwell, J., concur. The plaintiff filed a motion to strike the plea and answer, for the following reasons: (1) No legal defense is set up. (2) The defendants do not fully, plainly, and distinctly set forth the cause of action that they seek to set off, and do not attach to their answer an itemized statement of the indebtedness they hold against the plaintiff. ■ (3) Defendants do not show how plaintiff is indebted to A. S. Anderson; they do…
2Cases cited6 opinions
- Ellis v. WardIllinois Supreme Court · 1890
- Towers Excelsior & Ginnery Co. v. InmanSupreme Court of Georgia · 1895
- Pacific Bank v. StoneCalifornia Supreme Court · 1898
- Beck Duplicator Co. v. FulghumSupreme Court of Georgia · 1903
- Threlkeld v. DobbinsSupreme Court of Georgia · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Courson v. LynnCourt of Appeals of Georgia · 1934