HENRY v. A. L. ZACHRY COMPANY

36012.

93 Ga. App. 536 (1956)

92 S.E.2d 225

HENRY v. A. L. ZACHRY COMPANY.

Court of Appeals of Georgia.

Rehearing Denied March 9, 1956.


Attorney(s) appearing for the Case

Casper Rich, for plaintiff in error.

Talley Kirkland, contra.


NICHOLS, J.

1. The plaintiff's general demurrer to the defendant's answer was based on the ground that the answer did not set forth any defense to the check sued on. "Absence or failure of consideration is matter of defense as against any person not a holder in due course, and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained and liquidated amount or otherwise." Code § 14-305. Accordingly, the defendant's plea of failure...

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