STAR PROVISION CO. v. SEARS, &c. CO.

36121.

93 Ga. App. 799 (1956)

92 S.E.2d 835

STAR PROVISION CO. v. SEARS, ROEBUCK & CO.

Court of Appeals of Georgia.

Decided April 27, 1956.


Attorney(s) appearing for the Case

Haas, Holland & Blackshear, Jack H. Zinkow, for plaintiff in error.

Daniel B. Hodgson, Alston, Sibley, Miller, Spann & Shackelford, contra.


NICHOLS, J.

Construing the pleadings in the answer of the defendant most strongly against the pleader, as must be done on demurrer, the answer, although alleging that the swine were stolen, is an attempt to set up "fraud in the procurement" as a defense to the plaintiff's petition. "Fraud in the procurement of a negotiable instrument as a defense, refers to fraud on the part of the holder and not fraud on the part of the person obtaining such negotiable instrument...

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