Messer v. Hewitt

Court of Appeals of Georgia

Messer v. Hewitt

106 S.E.2d 61, 98 Ga. App. 498, 1958 Ga. App. LEXIS 621

CourtCourt of Appeals of Georgia

DecidedOctober 30, 1958

Docket37348

StatusPublished

Cited by2 cases

This text of 106 S.E.2d 61 (Messer v. Hewitt) 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.

Bluebook

Messer v. Hewitt, 106 S.E.2d 61, 98 Ga. App. 498, 1958 Ga. App. LEXIS 621 (Ga. Ct. App. 1958).

Pincite

Opinion

Felton, Chief Judge.

1. The defendant having admitted the execution of the note and pleaded want of consideration, a prima facie case was made out for the plaintiff, and the defendant assumed the burden of proof as to- the. plea. Ray v. Marett, 84 Ga. App. 86 (65 S. E. 2d 646); Morgan’s, Inc. v. Mons, 79 Ga. App. 525 (2) (54 S. E. 2d 498).

2. The evidence did not demand a. finding that the note was given for the suspension, suppression or discontinuance of a criminal prosecution. Therefore, the court was authorized to find against the plea and in favor of the plaintiff.

The court did not err in denying the motion for new trial.

Judgment affirmed.

Quillian and Nichols, JJ., concur. *499 Troutman, Sams, Schroder & Lockerman, Tench C. Coxe, Robert L. Pennington, contra.

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