Star Provision Co. v. Sears, Roebuck & Co.

Construing the pleadings i'n the answer of the defendant most strongly against the pleader, as must be done on demurrer, the answer, although alleging that the swine were stolen, is an attempt to set up “fraud in the procurement” as a defense to the plaintiff’s petition. “Fraud in the procurement of a negotiable instrument as a defense, refers to fraud on the part of the holder and not fraud on the part of the person obtaining such negotiable instrument from the maker. Evans v. Johnson, 77 Ga. App. 277, 279 (48 S. E. 2d 159), and cases cited.” Henry v. A. L. Zachry Co., 93 Ga. App. 536, 538…