110 Ga. App. 474 | Ga. Ct. App. | 1964
1. In a suit on a note copy of which is attached and shows that it was transferred by the original payee, Nalley Chevrolet, Inc., to the plaintiff, Associates Discount Corp., an answer which merely denies that the defendant is indebted to plaintiff, and denies that the note is attached to the petition, is a plea of general issue properly stricken on general demurrer. Bowden v. Davison-Paxon Co., 71 Ga. App. 379 (2) (31 SE2d 83); Johnson v. Cobb, 100 Ga. 139 (2) (28 SE 72).
2. The note in question being for the face amount of $3,379.32
3. The answer having been properly stricken, it was not error to enter up judgment by default against the defendant. Code Ann. § 110-406; Haney v. Brownlee, 102 Ga. App. 424 (116 SE2d 347).
The trial court did not err in striking the defendant’s answer and entering up a default judgment for the balance due on the note.
Judgment affirmed.