114 Ga. 699 | Ga. | 1902
D. C. Carmichael, A. C. McLeod, and P. H. Emmett were accommodation indorsers on a note given by William McQueen & Co. to Worth & Worth, as collateral for an acceptance of Worth & Worth in favor of McQueen & Co. Subsequently to their indorsement, these indorsers gave their two joint and several individual notes to Worth & Worth, in lieu of the note which they had indorsed. Worth & Worth brought suit, in the county court, against Carmichael upon one of these individual notes, to which he set up no defense, but confessed judgment, with a stay of execution. Subsequently the present suit was instituted upon the other individual note, by Worth & Worth, in the superior court, against Carmichael, McLeod, and Emmett. To this action Carmichael pleaded, in substance, that he was induced to give the note sued on in the present case, and the one upon which judgment was obtained in the county court, by false and fraudulent representations of Worth & Worth, to the effect that Worth & Worth had been made preferred creditors in an assignment made by William McQueen, and that they would apply toward the payment of these notes whatever sums they should receive under the assignment; and that the defendant had been injured in thus being induced to give to the plaintiffs his note as principal, in substitution of one upon which he
Judgment on main bill of exceptions affirmed; cross-bill dismissed.