Milledgeville Banking Company v. Carr

Nichols, Judge.

The defendant’s special demurrers, attacking one paragraph of the plaintiff’s petition, a're neither argued nor insisted upon and are treated as having- been abandoned.

The defendant’s general demurrer was based solely on the ground that the petition set forth no cause of action and, accordingly; did not reach the question argued in defendant’s brief that the petition was ambiguous in that it did not clearly show whether the plaintiff was seeking a recovery ex contractu or ex delicto. See Ward v. Nance, 102 Ga. App. 201 (1) (115 SE2d 781), and citations.

While a bank may set off…