20 Ga. App. 129 | Ga. Ct. App. | 1917
This case and the case referred to in the headnote of this decision were suits by the same plaintiff, and the defenses relied upon in each case were in substance identical. The divisions of the plea are numbered in like manner in each case. In the instant case an amendment was offered amplifying the third division of the fourth paragraph of the answer, but as the former case was treated by this court as though it had been a suit between the original parties to the note, this proffered amendment does not alter the rule announced there. Another amendment was offered, amplifying the first and second divisions of the said paragraph of the answer. Since, however, the substance of these grounds was set forth in the original plea, and this court has ruled that suph does not constitute a good defense, the fact that such amplification was attempted by amendment can not alter the rule already announced. This was a suit on two separate notes for the purchase price of one tract of land, and it may be remarked that the last of the amendments offered undertakes to set forth that the defendant’s “signature to the instrument was procured by fraud;” “that
Judgment affirmed.