The Boyston Bank instituted suit against J. G. Mallory, P. G. Mallory, and J. W. Ingram on a promissory note, dated April 9th, 1907, and due January 1st, 1908, which note was made payable to the order of the makers and indorsed by them in blank. J. G. Mallory and P. G. Mallory each filed pleas and amendments to their pleas, to which general and special demurrers were 1 filed. The defenses so set up were, that the note was without consideration, that the makers were induced to execute it by fraud and duress, and that the plaintiff received the note with notice >of the matters pleaded in defense. The judge struck so much of the pleas as related to duress and fraud, but allowed the rest of them to stand. At a subsequent term,of the court, when the case came on regularly for trial, other amendments were offered by each of the defendants above named, containing allegations relative to' the defense of duress and fraud; but they were disallowed. At the, term before the trial the defendants filed exceptions to the answérs of a witness to interrogatories propounded by defendants, and moved for the suppression of the interrogatories, and that they be re-executed, which motion was also overruled. To all of these rulings exceptions pendente lite were duly filed, and error was assigned upon them. Düring the progress of the trial the defendants moved the court to require plaintiff to make formal answer to
'1. Under the assignments of error, one question for determination is the sufficiency of the plea to avoid payment of the note on the ground of fraud and duress practiced upon the makers, inducing them to execute the note. It was alleged that the plaintiff received the note with notice; but if the facts relied upon to show fraud or duress are insufficient for that purpose, notice of such facts to the maker would have no bearing upon the case. The plea is to be construed most strongly against the pleader, and in a plea of duress it is essential that the facts relied upon to show duress be specifically set forth. Carswell v. Hartridge, 55 Ga. 412. In the case under consideration both defendants who filed pleas- alleged the same statement of facts to show fraud and duress, as follows: J. G. Mallory was the father of Paul G. Mallory. The latter had been cashier of the Bank of Coolidge, but had resigned. Shortly after his resignation the two were called together by named officers and ■ agents of - the bank, who knowingly and falsely stated to them that the defendant Paul G. Mallory had violated certain criminal laws of the State of Georgia regarding banking, in that, being cashier of the bank, he, in connection with the defendant Ingram, who was a director of the bank, had used money of the bank with which to speculate, referring to a certain store building which had been erected by the two defendants named with funds largely borrowed from the bank, but which in fact had been borrowed with the full consent of the board of directors, which consent, with the approval of the loan, had been duly entered on the minutes of the bank. It was also stated to them that the bonding company which
2. The second, third, and fourth headnotes do not require elaboration. Judgment affirmed.