Air Service Company v. Lovett

Full title: AIR SERVICE COMPANY v. LOVETT

Court: Court of Appeals of Georgia

Date published: Jun 8, 1973

198 S.E.2d 901 (Ga. Ct. App. 1973)

198 S.E.2d 901

Opinion

47983.

ARGUED MARCH 5, 1973.

DECIDED JUNE 8, 1973.

Action on note. Clayton State Court. Before Judge Foster.

Adolphus B. Orthwein, Jr., for appellant.

Albert B. Wallace, for appellee.

BELL, Chief Judge.

In this suit on a note in which the plaintiff's motion for summary judgment was denied, an examination of the pleadings and the evidence shows that there is a genuine issue of material fact as to the pleaded defense of lack of consideration and whether the note was executed in payment of or as security for an antecedent obligation of a third party for which no consideration is necessary. See Code Ann. § 109A-3-408.

Judgment affirmed. Deen and Quillian, JJ., concur.

ARGUED MARCH 5, 1973 — DECIDED JUNE 8, 1973.