Miller v. Piedmont Fertilizer Co.

The court properly sustained the demurrer to the plea and struck paragraphs 4, 5, and 6 thereof, and did not err in directing a verdict for the plaintiff.

Plaintiff in error relies upon the decision in the ease of Turner v. Commercial Savings Bank, 17 Ga. App. 631 (87 S. E. 918). The first sentence of headnote 1 in that case, construed alone, is misleading. Construing the whole headnote together it means: “Where an action is brought to enforce payment of a debt for which collateral security has been given, it is incumbent on the plaintiff either to produce and restore the collateral security,…