136 Ga. 226 | Ga. | 1911
The First National Bank of Etowah, Tennessee, brought suit against J. W. Messer to recover an amount alleged to be due on a note, a copy of which was attached to the petition. From this copy the note appears to have been signed by J. W. Messer and was payable to the order of J. H. Stafford. The payee’s name appeared to have been signed on the face of the note, immediately beneath the signature of the maker. In the petition it was alleged that the payee had indorsed the note to the plaintiff. The defendant filed a plea averring that “he expressly denies that the plaintiff is the bona fide holder of said note without notice and that it ever purchased said note bona fide and in good faith, but that the same was taken by said bank with the express understanding that if said note was not paid by defendant, that the said J: H. Stafford would take it up when due, without loss to the bank, the plaintiff.” The plea then proceeded to aver that the defendant had been garnished by judgment creditors of the payee, and garnishment judgments had been rendered against the defendant, which he had paid; and he prayed that he have credit on the note for the amount paid on the garnishment judgments; offering to pay the
Judgment reversed.