130 Ga. 72 | Ga. | 1908
The plaintiff, as transferee of a negotiable promissory note, instituted suit against the maker. The note was dated June 8, 1904, and payable October 15, 1904. The indorsement recited that the transfer was made June 8, 1904. The defendant's plea denied under oath that the plaintiff was a bona fide holder for value, or that he received the note before maturity; and alleged that the plaintiff was asserting it as a fraudulent demand against the defendant. The defendant also pleaded that in 1901 Baldwin & Company obtained a judgment against the payee, and in 1905 served garnishment upon the defendant and obtained judgment against the defendant in 1905, and that defendant afterwards paid the judgment. ■ On the trial the plaintiff introduced his note: and testified that he had money and other property besides the note, and that he received the note before maturity in consideration of the payment of its face value, and that he ’did not receive it in.
¡Judgment affirmed.