GENERAL ACCEPTANCE CORPORATION v. NIX FORD, INC.

39773.

107 Ga. App. 32 (1962)

129 S.E.2d 202

GENERAL ACCEPTANCE CORPORATION v. NIX FORD, INC.

Court of Appeals of Georgia.

Decided November 15, 1962.


Attorney(s) appearing for the Case

Howard T. Oliver, Jr., for plaintiff in error.

Telford, Wayne & Smith, Joe K. Telford, contra.


RUSSELL, Judge.

1. Where in answer to a suit on a note the defendant generally denies the indebtedness and sets up affirmative matter to show that he does not owe the plaintiff anything but the affirmative plea is insufficient in law, then the mere denial unsupported by facts showing an issuable defense is also insufficient in law to present a jury question. Johnson v. Cobb, 100 Ga. 139 (28 SE 72). The defendant may, however, admit the indebtedness and affirmatively...

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