133 Ga. 150 | Ga. | 1909
The Peoples Bank of Talbotton, Georgia, a corporation, brought suit against James Allen, the plaintiff in error, for the sum of $1,296, besides interest and attorney’s fees, on a promissory note, of which the following is a copy:
“$1,296.00. Talbotton, Ga., Feby. 15th, 1896.
“By Nov. 15th after date I promise to pay to The Peoples Bank, or order, Twelve Hundred and Ninety-Six Dollars, at The Peoples Bank, value received. And if not paid at maturity I promise to pay interest from maturity until paid at the rate of 8 per cent, per annum; and if collection be enforced by suit, I promise to pay 10 per cent, upon the amount due, as attorney’s fees; and agree that the judgment obtained shall include such attorney’s fees; and the whole shall bear interest at the same rate as this note, until paid. As against the payment of the sums due on this note, the maker, endorser, or securities, waive all benefit of the present or any future homestead or exemption laws of this or any other State where they may reside, or payment is enforced, and also all exemption under the bankrupt laws of the United States of America.” [Signed] James Allen (L. S.).”
Paragraph 2 of the petition contains the following allegation: “That said James Allen is indebted to The Peoples Bank in the sum of Twelve Hundred and Ninety-Six Dollars and-cents, besides interest at eight per cent, on said principal from Nov. 16, ’96, and besides ten per cent, on the amounts as attorney’s fees, on a promissory note dated Feby. 14th, 1896, and due Nov. 15th, 1896, a copy of which is hereto attached.” The defendant filed a demurrer to the petition, upon the following grounds: (1) “That the petition was brought in llie name of The Peoples Bank of Talbot-ton, Georgia. (2) That it alleges the defendant is indebted to The Peoples Bank upon a note given. (3) That there is no allegation of any right that The Peoples Bank of Talbotton should maintain a suit [upon a note] given to The Peoples Bank.” The plain
Judgment affirmed.