Pray v. Pace
Court of Appeals of Georgia
Complaint; from city court of Albany — Judge Clayton Jones. June 12, 1914. W. "W. Pace sued J. K. Pray on a promissory note of the defendant to the plaintiff, dated January 31, 1911, and due two years after date, for $2,500 and interest. The court, on oral motion of the plaintiff, struck the defendant’s answer, and directed a verdict for the plaintiff.
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Complaint; from city court of Albany — Judge Clayton Jones. June 12, 1914. W. "W. Pace sued J. K. Pray on a promissory note of the defendant to the plaintiff, dated January 31, 1911, and due two years after date, for $2,500 and interest. The court, on oral motion of the plaintiff, struck the defendant’s answer, and directed a verdict for the plaintiff. The answer contained allegations in substance as follows: The defendant is not legally bound to pay the note sued on, for the reason that the consideration of the said note has wholly failed, and the said note was procured by legal fraud upon…
1Opinion of the CourtBboyles, J.
The answer to the petition alleged facts which, if proved, would have authorized a verdict for the defendant; and the demurrer, of course, admits the truth of all facts alleged in the pleading which it attacks. The answer was not subject to general demurrer; and, in the absence of a special demurrer, the court erred in striking the answer and in directing a verdict for the plaintiff. Judgment reversed.
Pope & Bennet, for plaintiff in error, cited: 3 Ga. App. 665 (2), 671 (bottom), and cit.; 1 Ga. App. 5; 9 Ga. App. 758 (mid.); 7 Ga. App. 299 (2d); 72 Ga. 66 (2); Civil Code, § 4305; 38 Ga. 216…
2Cases cited37 opinions
- Farnsworth v. DuffnerSupreme Court of the United States · 1891
- Oliver v. OliverSupreme Court of Georgia · 1903
- Pryor v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1910
- Tuttle v. StovallSupreme Court of Georgia · 1910
- Davis v. KirklandCourt of Appeals of Georgia · 1907
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3Cited by1 opinion
- Davis v. AuerbachCourt of Appeals of Georgia · 1949