Clark v. Croft
Supreme Court of Georgia
Pleadings. Bond «for titles. New trial. Before Judge Buchanan. Troup Superior Court. November Term, 1872. Croft brought complaint against Clark on two promissory notes, each dated May 1st, 1869, one for $1,250 00, payable to A. B., L. L. and G. N. Croft or bearer, on the first day of December next after the date thereof; the other for $450 00, payable one day after the date thereof, to the same payees or bearer.
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Pleadings. Bond «for titles. New trial. Before Judge Buchanan. Troup Superior Court. November Term, 1872. Croft brought complaint against Clark on two promissory notes, each dated May 1st, 1869, one for $1,250 00, payable to A. B., L. L. and G. N. Croft or bearer, on the first day of December next after the date thereof; the other for $450 00, payable one day after the date thereof, to the same payees or bearer. Upon the last note were credits to the amount of $300 00. The defendant pleaded the general issue, and failure of consideration. The second plea was, in substance, as follows: That…
1Opinion of the Court
McCay, Judge.
1. We do not exactly understand why the bill offered as a plea was stricken. It was sworn to according to the form prescribed by the rule of court. Verification to the best of one’s belief of matters not in one’s own knowledge, but resting in the knowledge of others, is all that any man can do, and as pleas must, from the nature of things, often turn on facts not *371known to the defendant of his own knowledge, it follows that this kind of verification ought to be sufficient.
2. We think, if the facts set forth in the bill be true, the defense ought to succeed. In effect the paper set…
2Cited by2 opinions
- Mallard v. AllredSupreme Court of Georgia · 1899
- Baker v. SmithSupreme Court of Georgia · 1911