Krauss v. Flournoy
This text of 66 S.E. 805 (Krauss v. Flournoy) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Where one sued upon promissory notes relies, for his defense, upon a failure of the consideration, and the evidence shows that the failure of consideration has not been total, he must, in-order to au- - thorize any diminution of the plaintiff’s recovery, introduce evidence showing the extent of the failure. Merely to prove that there has ' been a partial failure of consideration, without giving the jury any facts from-which they could calculate the extent, of the failure, is not sufficient. Where the defendant in such a case fails to make out his defense, it is permissible for the court to direct a verdict in favor of the plaintiff. Judgment affirmed.
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Cite This Page — Counsel Stack
66 S.E. 805, 7 Ga. App. 322, 1910 Ga. App. LEXIS 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krauss-v-flournoy-gactapp-1910.