Standard Dry-Wall Co. v. Georgia Railroad Bank & Trust Co.
Court of Appeals of Georgia
1Opinion of the CourtTownsend, J.
Insofar as the defendants Standard Dry-Wall Company and Powell seek by their pleadings to- set up fraud in the procurement of the note on the theory that an officer of the plaintiff bank conspired with the other endorser of the note, Ward, to "channel money” to Ward’s corporation, no issuable defense is set out since no facts are alleged on which to base this conclusion. “A plea alleging fraud, but not alleging specific acts constituting fraud, should be stricken on demurrer.” Carroll v. Hutchinson, 2 Ga. App. 60 (1) (58 S. E. 309). See also Hickman v. Cornwell, 145 Ga. 368 (89 S. E. 330);…
2Cases cited5 opinions
- Ashburn v. WatsonCourt of Appeals of Georgia · 1911
- Napier v. Central Georgia BankSupreme Court of Georgia · 1882
- Carroll v. HutchinsonCourt of Appeals of Georgia · 1907
- Hickman v. CornwellSupreme Court of Georgia · 1916
- Barnes v. ThorntonCourt of Appeals of Georgia · 1955