Household Finance Corporation of Atlanta filed suit against Judy Johnson seeking to recover an outstanding balance due on a promissory note executed pursuant to the provisions of the Georgia Industrial Loan Act (Ga. L. 1955, p. 431; Code Ann. Ch. 25-3) granting extra interest and fee benefits. However, plaintiff did not allege or prove at the trial that at the time of making the loan it was a licensee under the Act, and at the conclusion of the evidence defendant moved for a directed verdict on this failure of proof. Household Finance appeals from the granting of this motion, contending that under CPA 9 (Code Ann. 81A-109),"Pleading special matters," it is not necessary for a party to aver its capacity to sue and be sued, and, hence, that it was not necessary for plaintiff to aver and prove that it was a licensee under the Act but that this was a matter to be challenged by appropriate pleadings of defendant. Held: | 
