CLARK v. ASSOCIATES DISCOUNT CORP.

35712.

92 Ga. App. 583 (1955)

89 S.E.2d 208

CLARK et al. v. ASSOCIATES DISCOUNT CORP.

Court of Appeals of Georgia.

Decided September 9, 1955.


Attorney(s) appearing for the Case

William B. Jones, for plaintiffs in error.

Levy, Buffington & Levy, contra.


QUILLIAN, J.

It is conceded by counsel for the defendants that, since the plaintiff was apparently the holder in due course of the note, the defendants could not defend the action on the ground that the consideration for which the note was given failed, unless their pleadings further disclosed facts showing that the plaintiff was not in fact the holder in due course. The pleadings show simply that the note was on a form furnished by the plaintiff, and was made payable...

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