106 Ga. 587 | Ga. | 1899
This case originated in a justice’s court, and was a suit by Lucinda C. Barnwell against A. P. Eskridge upon the following due-bill: “Atlanta, Ga., Oct. 19, 1893. Due to Mrs. Lucinda Barnwell on demand the sum of one hundred dollars. [Signed] A. P. Eskridge.” The case was appealed to the superior court, and there a demurrer to the defendant’s pleas was sustained, the pleas stricken, and a judgment rendered by the court for the plaintiff. To this the defendant excepted. The defendant, by his plea and the amendments thereto, alleged that the due-bill was wholly without consideration ; that Sarah A. F. Backus in her lifetime was in possession of a certain lot in the city of Atlanta, and before her death made a will leaving the lot, with other property, to her husband, G. F. Backus; that the lot was encumbered during her life by a mortgage or loan deed in favor of a loan company, that G. F. Backus, the legatee under the will, contracted to sell the defendant this lot, representing to the defendant that it was subject only to the loan deed or mortgage and certain small amounts due for taxes, and contracted to sell the lot, subject to the taxes and the loan deed, for $200, $100 of which was to be paid to plaintiff and was the consideration of the due-bill sued on; that in attempting to carry out this contract the due-bill was given, but it turned out that the representa
Conceding that the plea in this case would apply to the plaintiff, who was in nowise alleged to have been a party to ■the fraudulent conduct complained of on the part of Backus,
Judgment affirmed.