143 Ga. 297 | Ga. | 1915
(After stating the foregoing facts.)
When the defendant gave his note, there was no Union Point Ice Company. The note was alleged to have been given to the plaintiff for the purchase of stock, and not for the machinery itself. According to the allegations of the plea, this agreement was procured by fraud, and the defendant has never received the stock, and it is worthless. The demurrer to the plea was properly overruled. It was based on an apparent misconception of the substantial defense set up.
Upon the whole, there was no error in overruling the motion for a new trial.
Judgment affirmed.