Quinney v. Citizens Bank
Court of Appeals of Georgia
Complaint; from city court of Waynesboro—Judge H. C. Hammond presiding. November 30, 1915. The Citizens Bank of Waynesboro sued Gray Quinney on three notes payable to it, as follows: one for $324, dated February 20, 1905, and due February 20, 1906; one for $100, dated February 20, 1905, and due one day after date, and one for $181.87, dated March 10, 1909, and due May 10, 1909. The defendant filed an answer in which he denied indebtedness and further pleaded as follows: (5)…
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Complaint; from city court of Waynesboro—Judge H. C. Hammond presiding. November 30, 1915. The Citizens Bank of Waynesboro sued Gray Quinney on three notes payable to it, as follows: one for $324, dated February 20, 1905, and due February 20, 1906; one for $100, dated February 20, 1905, and due one day after date, and one for $181.87, dated March 10, 1909, and due May 10, 1909. The defendant filed an answer in which he denied indebtedness and further pleaded as follows: (5) The defendant and W. C. Gresham, John F. Humphrey, and B. N., Berrien Jr. were engaged under the corporate name of Disko…
1Opinion of the CourtWade, C. J.
Waiving all'questions not necessary to the determination of the exact point involved in this case, the defendant’s answer as a whole set up one legal defense, if not more. The court, therefore, erred in striking all but the formal portion of the plea and in thereafter directing a verdict for the plaintiff. Judgment reversed.
Hodges, J., absent. When the case came up for trial the plaintiff’s counsel made a motion to strike paragraphs 5, 6, 7, and 8 of the defendant’s answer, because: (1) Taken together they do not constitute a legal defense. (2) The said defense sets up transactions…
2Cases cited10 opinions
- Merchants' Bank v. RawlsSupreme Court of Georgia · 1849
- Dolvin v. American Harrow Co.Supreme Court of Georgia · 1906
- Heitmann v. Commercial BankCourt of Appeals of Georgia · 1909
- Moore v. Farmers' Mutual Insurance Asso.Supreme Court of Georgia · 1899
- Atlanta Buggy Co. v. Hess Spring & Axle Co.Supreme Court of Georgia · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Altman v. MosesCourt of Appeals of Georgia · 1946