1 Ga. App. 511 | Ga. Ct. App. | 1907
The Waxelbaum Company brought suit on a note, in the city court of Sylvester, against the Pate-Smith Company and W. A. Johnson as makers. The defendants filed pleas and answers substantially as follows: (1) That the Pate-Smith Com^ pany, on August 16, 1904, had been adjudged a bankrupt; that the plaintiff had proved its claim in the bankruptcy case, in the bankrupt court at Thomasville, Ga.; that the trustee had in hand $2,700, to be distributed to creditors; that the Pate-Smith Company had not been discharged, and that this suit should, therefore, abate, to await the action of the bankrupt court, to ascertain what amount, if any, the Pate-Smith Company is indebted over and above the amount realized from the assets of the said defunct company; and that the plaintiff should be 'remanded to its rights in the bankruptcy court. (2) - That the note sued on was never made by the Pate-Smith Company, because it was not signed by the president of the company, but appears to have been made, and the stamp thereto attached of the name of Pate-Smith Company and signed, by W. B. Williams as secretary; while the charter and bylaws of the company required notes to be signed in the name of the Pate-Smith Company by the president of the company, and countersigned by the secretary and treasurer. The defendants deny that the Pate-Smith Company, or any one else properly authorized by it, did make and execute the note sued on. The plaintiff demurred to these pleas and answers, and the court struck them, directed a verdict, and entered judgment against both of the defendants. To the order of the court striking the pleas and answers both of the defendants excepted; and to the judgment against the defendants jointly the defendant Johnson excepted, because, under the plaintiff’s pleadings, the verdict should have been against the Pate-Smith Company as maker, and W. A. Johnson as indorser only.
The judgment of the court in striking the pleas and answers, and in directing a verdict for the plaintiff, is Affirmed.