Court of Appeals of Georgia December 23, 1935, 25030 (Hayes v. International Harvester Co.)

Sutton, J.

1. Where the transferee and holder of title-retention notes given for the purchase-money of machinery files a suit on the notes, the purchaser can not set up in bar or in abatement that the plaintiff has previously in the same court instituted against the defendant a purchase-money attachment, and a levy has been made on the machinery for the purchase of which the notes were given, and