Legal Opinion

Commerce Finance Co. v. Perry

Court of Appeals of Georgia

Decided July 1, 1942No. 29527Published

1Opinion of the CourtGardner, J.

(After stating the above facts.)

The oral motion to strike raised the question as to whether or not the company was a bona fide purchaser for value of the contract declared on. The allegations touching this question, as set out in paragraphs 4, 5, 6, 9, 16, 19, and 21 as amended, were sufficient'to withstand a motion to strike in the nature of a demurrer, and the court did not err in overruling the motion as to this contention.

We will then proceed to inquire whether or not the allegations of the affidavit were sufficient to set up any defense to the foreclosure proceeding, even though the…

2Cases cited22 opinions

  1. Tuttle v. StovallSupreme Court of Georgia · 1910
  2. Stoddard Manufacturing Co. v. AdamsSupreme Court of Georgia · 1905
  3. Bank of Lumpkin v. Farmers State BankSupreme Court of Georgia · 1926
  4. Lunsford, Maxwell & Co. v. Malsby & AverySupreme Court of Georgia · 1897
  5. American Car Co. v. Atlanta Street Railway Co.Supreme Court of Georgia · 1897

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