88 Ga. 29 | Ga. | 1891
Judgment affirmed.
The Hate City National Bank sued the Tolleson Commission Company as drawer and indorser, May E. Eowler doing business under the name and style of Eowler & Company, and E. L. Eowler, as acceptors of
This plea having been strickén for insufficiency, she offered the following plea: “Now comes defendant by her attorney, and withdraws the plea filed on the 15th day of June, 1888, to wit, the special plea, and says the business being conducted at the time she was sued was a grocery business, that her husband was conducting the same and the style of the firm was Fowler & Co.; that, acting as her agent, he wrote the name of Fowler & Co.
Upon the striking of this plea for insufficiency and as not properly sworn to, she offered the following plea: “Now comes the defendant May E. Fowler, and by leave of the court amends her plea, and says that if the name of Fowler & Co. written across the face of the drafts or bills sued on is construed to be an acceptance, that it was an accommodation acceptance, that she got no part of said money, and the same was applied by plaintiff to the credit of the Tolleson Commission Company which was then dealing with plaintiff. Defendant further says that the bills of lading attached to said drafts were turned over to plaintiff by defendant, the Tolleson Commission Co., and if proper diligence had been used on part of plaintiff, the property represented by said bills of lading would have more than cancelled said drafts, and if plaintiff allowed the same to remain in the custody of the Tolleson Commission Co., it was without her knowledge or consent, that said conduct increased her risk, and she is thereby discharged from any liability on said drafts or bills.” This plea also was stricken on the ground that it set up no legal defence.
The drafts were then tendered in evidence and objected to by Mrs. Fowler, on' the ground that she was sued as acceptor, and writing the name on the face of a draft,
cited Code, §§1783, 1950 par. 8; 43 Ga. 587; 54 Ga. 31; 55 Ga. 75, 229; 56 Ga. 510; 59 Ga. 254; 81 Ga. 756 ; 83 Ga. 358; Mech. Ag. §§392-3, 605; Dan. Neg. Inst. §497; 62 Am. D. 648; Code of Ala. §1766; Rand. Com. P. 605.
cited Code, §2785; Id. p. 1348, rule 24; 79 Ga. 222; 66 Ga. 654; 60 Ga. 90.