Legal Opinion

Rentz Drug Co. v. Bishop-Babcock Co.

Court of Appeals of Georgia

Decided June 25, 1923No. 13926PublishedCited by 3 opinions

1Opinion of the CourtBell, J.

This was an action upon promissory notes, and the defendants assign error upon the action of the court upon special demurrer, in striking their answer as amended and in thereupon entering up judgment for the plaintiff. Reid-.

1. The sole insistence in the brief of the plaintiffs in error being that the answer as amended was a good “ plea of payment,” and that for this reason the demurrer was improperly sustained, other grounds of the plea are treated as abandoned.

2. “A plea of payment which fails to allege with reasonable certainty when, how, and to whom the payment was made is insufficient,…

2Cases cited7 opinions

  1. Crittenden v. Southern Home Building & Loan Ass'nSupreme Court of Georgia · 1900
  2. Montgomery v. KingSupreme Court of Georgia · 1906
  3. Linder v. WhiteheadSupreme Court of Georgia · 1902
  4. Thomas & McCafferty v. SieselCourt of Appeals of Georgia · 1907
  5. Kerr v. HolderCourt of Appeals of Georgia · 1913

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Williford v. PhillipsCourt of Appeals of Georgia · 1934
  2. Bell v. ScarbroughCourt of Appeals of Georgia · 1942
  3. Corbin v. Welfare Finance Co.Court of Appeals of Georgia · 1954

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