Troutman Lumber Co. v. National Manufacturing Co.

89 S.E. 198, 145 Ga. 315, 1916 Ga. LEXIS 296

Opinion

Lumpkin, J.

1. This case is controlled in principle by the decisions in Wylly v. Collins, 9 Ga. 223, 240; Weaver v. Nixon, 69 Ga. 699 (2) ; Keller v. Singleton, 69 Ga. 703, 704; Norton v. Paragon Oil Can Co., 98 Ga. 468 (25 S. E. 501).

2. In the instant case suit was brought on an open account claimed to be due by a firm. The plea was that it had been settled and discharged by the acceptance of a promissory note, under seal, of one of the members of the firm. On the trial the defendants admitted a prima facie case, and assumed the burden of proof. Under the uneontradicted evidence, there was no error in directing a verdict in favor of the plaintiff.

June 14, 1916.

Complaint. Before Judge Park. Baldwin superior court. March 23, 1915.

Mines & Vinson, for plaintiffs in error. Allen & Pottle, contra.

Judgment affirmed.

All the Justices_ concur.