Henry v. Cobb Bank Trust Company

Full title: HENRY et al. v. COBB BANK TRUST COMPANY

Court: Court of Appeals of Georgia

Date published: Nov 14, 1980

274 S.E.2d 804 (Ga. Ct. App. 1980)

274 S.E.2d 804

Opinion

58249.

SUBMITTED JULY 3, 1979.

DECIDED NOVEMBER 14, 1980.

Default on promissory note. Fulton State Court. Before Judge Moran.

Fred A. Gilbert, Taylor W. Jones, Michael R. Uth, for appellants.

Matthew H. Patton, Alfred S. Lurey, Hilary P. Jordan, for appellee.

SHULMAN, Judge.

In Cobb Bank Trust Co. v. Henry, 246 Ga. 225 ( 271 S.E.2d 444), the Supreme Court reversed the decision of this court in the first appearance of this case at 151 Ga. App. 725 ( 261 S.E.2d 459) insofar as this court's reversal of the trial court's judgment was based on the admissibility of evidence to support the defenses asserted against the enforcement of the note. We therefore rule that the defenses to the enforcement of the note would not prevent the grant of summary judgment to appellee.

However, we also ruled that questions of fact existed concerning appellants' allegations of set-off. We therefore adhere to our previous holding that the summary judgment granted to appellee must be reversed.

Judgment reversed. Deen, C. J., and Carley, J., concur.

SUBMITTED JULY 3, 1979 — DECIDED NOVEMBER 14, 1980.