1. The ruling in this ease is controlled by the decision in Drake v. Lewis, 13 Ga. App. 276, 280 (79 S. E. 167). The suit was upon a note, and the defense was predicated upon an alleged tort. See also Lee v. Harris, 88 Ga. 236 (14 S. E. 566); L. & N. Railroad Co. v. Spinks, 104 Ga. 696 (30 S. E. 968).

2. The court did not err in sustaining the motion to strike the answer of the defendant. Judgment affirmed.