147 Ga. 170 | Ga. | 1917
1. The court did not err in overruling the demurrer to the petition for interpleader. “Whenever a person is possessed of property •or funds, or owes a debt or duty, to which more than one person lays claim, and the claims are of such a character as to render it doubtful or. dangerous for the holder to act, he may apply to equity to compel the claimants to interplead.” Civil Code (1910), § 5471.
2. Where one holds a non-negotiable note containing language which would place a prudent man upon his guard, the maker of such note could, as against the holder, make all the defenses which would have been open to-him against the payee. Civil Code (1910), § 3653; Guerry v. Perryman, 6 Ga. 119; Shelley v. Baker, 125 Ga. 663 (54 S. E. 653) ; 7 Cyc. 606, 607, 608.
3. The cases of Ball v. Madden, 139 Ga. 727 (78 S. E. 26), and Ball v. Citizens Bank, 143 Ga. 55 (84 S. E. 122), were correctly decided, and