Sloan v. Farmers & Merchants Bank
Court of Appeals of Georgia
Complaint; from Hall superior court—Judge J. B. Jones. July SI, 1916. Suit was brought by the Farriers & Merchants Bank on a promissory note payable to “the order of myself” and signed and indorsed “W. W. Sloan;” the petition alleging that the plaintiff was the legal holder of the note, and that it had not been paid.
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Complaint; from Hall superior court—Judge J. B. Jones. July SI, 1916. Suit was brought by the Farriers & Merchants Bank on a promissory note payable to “the order of myself” and signed and indorsed “W. W. Sloan;” the petition alleging that the plaintiff was the legal holder of the note, and that it had not been paid. In his plea the defendant admitted the execution of the note, that the copy attached to the petition was correct, and that the plaintiff was the legal holder of the note, but denied that the plaintiff was a hona fide purchaser, for value, of the note before it became due, and…
1Opinion of the CourtBloodworth, J.
Granting that the third paragraph of the plea was sufficient to withstand a general demurrer, and that the plaintiff was not a bona fide purchaser for value of the note sued on, the striking of this paragraph, along with the others, was harmless to the defendant; for, treating the case as though it was between the original parties to the note, no substantial defense was set up by the plea, and it was properly stricken. “An oral motion to . strike a plea can be made at any time before' the verdict, if the mo*125tion is in the nature of a general demurrer.” Blount v. Radford, 16 Ga. App. 95 (2) (84…
2Cases cited27 opinions
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
- Bullard v. BrewerSupreme Court of Georgia · 1903
- Stoddard Manufacturing Co. v. AdamsSupreme Court of Georgia · 1905
- Walton Guano Co. v. CopelanSupreme Court of Georgia · 1900
- Harrison & Garrett v. Wilson Lumber Co.Supreme Court of Georgia · 1903
22 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Tinsley v. Gullett Gin Co.Court of Appeals of Georgia · 1917
- Gossett & Sons v. WilderCourt of Appeals of Georgia · 1933
- Widincamp v. PattersonCourt of Appeals of Georgia · 1925
- Bimbo Builders, Inc. v. STUBBS PROPERTIES, INC.Court of Appeals of Georgia · 1981
- Ansley v. Forest Services, Inc.Court of Appeals of Georgia · 1975
23 more not listed; retrieve them via the Exa API.