CARREKER v. NATIONAL DIVERSIFIED

50311.

135 Ga. App. 511 (1975)

218 S.E.2d 117

CARREKER v. NATIONAL DIVERSIFIED, INC.

Court of Appeals of Georgia.

Decided July 7, 1975.

Rehearing Denied July 24, 1975.


Attorney(s) appearing for the Case

David W. Griffeth, for appellant.

Lewis N. Jones, J. Norwood Jones, Jr., for appellee.


CLARK, Judge.

In this suit for an unpaid balance on a promissory note made to finance the premiums to obtain issuance of a life insurance policy, the defendant-maker acknowledged a prima facie case in the plaintiff-payee and assumed the burden of proof. His defenses present three questions on this appeal: (1) Was the lender required to be licensed under the Georgia Industrial Loan Act? (2) Was there a total failure of consideration? (3) Was there a partial failure...

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