107 Ga. App. 648 | Ga. Ct. App. | 1963
1. “It is a good defense to an action on a negotiable promissory note under seal, in the hands of the original payee, that it was executed without any lawful consideration.” Lacey v. Hutchinson, 5 Ga. App. 865 (64 SE 105); Saul v. Southern Seating &c. Co., 6 Ga. App. 843, 847 (65 SE 1065); Toller v. Hewitt, 12 Ga. App. 496 (77 SE 650); Strickland v. Farmers Supply Co., 14 Ga. App. 661, 664 (82 SE 161); Seawright v. Dickson, 16 Ga. App. 436, 442 (85 SE 625); Empire Cotton Oil Co. v. Maxwell, 19 Ga. App. 493 (1) (91 SE 792).
2. The evidence authorizes a finding that the note sued upon grew out of a course of dealing extending over several years between the plaintiff, who was in the business of purchasing and selling pulpwood, and the defendant, an illiterate timber cutter; that the defendant did not knowingly sign the note
The trial judge did not abuse his discretion in overruling a motion for new trial on the general grounds only.
Judgment affirmed.