BARTON v. MARUBENI AMERICA CORPORATION

A92A0398.

204 Ga. App. 346 (1992)

419 S.E.2d 342

BARTON v. MARUBENI AMERICA CORPORATION.

Court of Appeals of Georgia.

Decided May 27, 1992.


Attorney(s) appearing for the Case

Chestnut & Livingston, Tom Pye, for appellant.

Troutman, Sanders, Lockerman & Ashmore, William T. Plybon, Jule J. Kreyling, for appellee.


POPE, Judge.

Plaintiff Marubeni America Corporation filed an action against defendant Walter F. Barton to collect payment on an overdue real estate note. The note, dated December 23, 1986, was in the amount of over $2.3 million with a maturity date of November 22, 1989. Defendant answered and admitted that the note remained unpaid but denied the note was in default. Defendant raised several affirmative defenses, including estoppel, failure of consideration, waiver...

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