Roth v. Donnelly Grocery Co.

1. A promissory note payable to order, but with a blank for the name of the payee, is valid, and any bona fide holder may,fill the blank with his own name as payee. Moody v. Threlkeld, 13 Ga. 55 (3). Hence, a plea to a suit on a promissory note, alleging that it was issued in blank and that the payee had filled the blank with his own name, does not allege a material alteration of the note, and does not constitute an issuable defense

2. A plea or answer to a suit on a promissory note, which alleges fraudulent conduct of a person other than the payee or some-other person in privity with him,…