Georgia Court of Appeals, 1922

Aprea v. Oglethorpe Savings & Trust Co.

Aprea v. Oglethorpe Savings & Trust Co.
Georgia Court of Appeals · Decided March 20, 1922 · Hill
28 Ga. App. 408; 111 S.E. 215; 1922 Ga. App. LEXIS 553

Aprea v. Oglethorpe Savings & Trust Co.

Opinion of the Court

Hill, J.

1. Knowledge of the consideration of a note is not notice that the consideration has failed, if it has failed; and one who buys the note bona fide, for value and before maturity, is not bound to inquire whether there was a failure of consideration. Citizens Bank of Vidalia v. Greene, 12 Ga. App. 49 (3) (76 S. E. 795).

2. Where, therefore, the defense set up in the plea did not come within any of the provisions of ยง 4286 of the Civil Code (1910), the court did not err in striking it. Benton Transfer Co. v. Marion Nat. Bank, 26 Ga. App. 562 (106 S. E. 735).

Judgment affirmed.

Jenkins, P. J., and Stephens, J., concur.Complaint; from city court of Savannah โ€” Judge Freeman. August 6, 1921.Oliver & Oliver, for plaintiff in error. George H. Richter, contra.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.