Whatley v. Muscogee Bank

SAYRE, J. The complaint does not allege that the note sued upon contained negotiable words, that is, was made payable to. “order” or “bearer,” and, for aught there appearing it was nonnegotiable. — Code, §§ 4958, 4665, 4966; 7 Cyc. 606. To avoid the defenses stated in the several special pleas, it was necessary that the replications should show the negotiability of the note. — 14 Ene. PI. & Pr. 518, 525. The fifth ground of demurrer to the special replications should have been sustained. Reversed and remanded. Anderson, C. J., and. McClellan and Gardner, JJ., concur.