Simpson v. McMillan
Supreme Court of Georgia
Complaint. Before Judge Morris. Cobb superior court. July 25, 1919. G. W. McMillan brought suit upon a promissory note against M. M. Simpson. The defendant filed his plea and answer, and set up as a defense to the suit that the promissory note sued on, together with another note for a stated amount, had been given for the purchase-price oí a cottón-gin, a cotton-press, and certain other machinery. The note first falling due had been paid.
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Complaint. Before Judge Morris. Cobb superior court. July 25, 1919. G. W. McMillan brought suit upon a promissory note against M. M. Simpson. The defendant filed his plea and answer, and set up as a defense to the suit that the promissory note sued on, together with another note for a stated amount, had been given for the purchase-price oí a cottón-gin, a cotton-press, and certain other machinery. The note first falling due had been paid. The defendant pleaded failure of consideration, alleging that the machinery was not adapted to the purposes intended, that the plaintiff at the time of the…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.) This court is without jurisdiction to entertain this writ of error, and it must be transferred to the Court of Appeals. This was merely a suit upon a promissory note, and a plea of failure of consideration. The defenses are altogether legal in nature; the fraud alleged could be shown in defense to the note in a common-law action. The defense is not equitable in its nature. The mere fact that the defendant, after setting up matters cognizable in a court of law as defense, adds a prayer that the note be canceled, will not give' this court jurisdiction on the…
2Cited by5 opinions
- Carter v. State of GeorgiaSupreme Court of Georgia · 1955
- Jones v. Van VleckSupreme Court of Georgia · 1968
- Gentry v. Consolidated Credit Corp.Supreme Court of Georgia · 1971
- Loftis v. Security Mortgage Co.Supreme Court of Georgia · 1935
- First of Georgia Fire & Casualty Co. v. MaddoxSupreme Court of Georgia · 1961