Burt v. Bennett

42 S.E. 740, 116 Ga. 430, 1902 Ga. LEXIS 128

Opinion

Cobb, J.

The controlling issue in this case being whether or not the plaintiff, who was the transferee of the note sued on, had, before paying the entire purchase-price of the note, notice of the defense of failure of consideration set up in the defendant’s plea, and there being no evidence to authorize a finding that he had such notice, the court erred in overruling a petition for certiorari sued out by the plaintiff for the purpose of setting aside a verdict in his favor for a less sum than a full amount of the note.

Judgment reversed.

AU the Justices concurring, except Lumpkin, P. J., absent.