94 Ga. 649 | Ga. | 1894
The suit was against Nance as guarantor on three promissory notes, dated September 7, 1885, and due December 20, 1885, October 20, and December 20, 1886. The declaration alleges that Smith, the maker of the notes, is insolvent and a non-resident of the State. Each of the notes stipulates that the title to a gin, feeder, condenser and press, for which it is given, shall remain in the plaintiff' until this note is paid in full. On each is the following, signed by defendant: “ Eor value received we guarantee the payment of this note, and waive protest and notice of protest.” Defendant’s special pleas were stricken -on motion, and he excepted. These pleas ai’e, in brief, as follows :