Williams v. Dennis

Court of Appeals of Georgia

Williams v. Dennis

145 S.E. 464, 38 Ga. App. 736, 1928 Ga. App. LEXIS 421

CourtCourt of Appeals of Georgia

DecidedNovember 14, 1928

Docket19123

StatusPublished

Cited by1 cases

This text of 145 S.E. 464 (Williams v. Dennis) 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

Williams v. Dennis, 145 S.E. 464, 38 Ga. App. 736, 1928 Ga. App. LEXIS 421 (Ga. Ct. App. 1928).

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Opinion

Bloodworth, J.

Williams gave to Dennis a check for $63.50 in part payment for certain cattle, and then ordered the bank upon which the check was drawn not to pay it. Dennis brought suit on the check in a justice’s court. The defendant filed a plea denying indebtedness, and further pleaded that plaintiff had damaged him in the sum of $75 because of certain representations made as to the value of the cows. After a verdict for the plaintiff for $30, an appeal to the superior court was entered by the defendant. On the trial in the superior court the defendant admitted “the execution of the check, and assumed the burden.” When he did this it became incumbent upon him to prove the truth of the allegations in his plea. This he failed to do, and the court properly directed a [737]*737verdict for the plaintiff. Wilson v. Wilson, 23 Ga. App. 94 (2) (97. S. E. 558), and cit.

Judgment affirmed.

Broyles, G. J., and Luke, J., concur.

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Bloodworth, J.

Williams gave to Dennis a check for $63.50 in part payment for certain cattle, and then ordered the bank upon which the check was drawn not to pay it. Dennis brought suit on the check in a justice’s court. The defendant filed a plea denying indebtedness, and further pleaded that plaintiff had damaged him in the sum of $75 because of certain representations made as to the value of the cows. After a verdict for the plaintiff for $30, an appeal to the superior court was entered by the defendant. On the trial in the superior court the defendant admitted “the execution of the check, and assumed the burden.” When he did this it became incumbent upon him to prove the truth of the allegations in his plea. This he failed to do, and the court properly directed a [737]*737verdict for the plaintiff. Wilson v. Wilson, 23 Ga. App. 94 (2) (97. S. E. 558), and cit.

Judgment affirmed.

Broyles, G. J., and Luke, J., concur.

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145 S.E. 464, 38 Ga. App. 736, 1928 Ga. App. LEXIS 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-dennis-gactapp-1928.

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