Jones v. Federal Deposit Ins. Corp.

Smith, Judge.

Appellee FDIC, receiver of the Hamilton Bank and Trust Company, was granted summary judgment in its suit on a promissory note. Appellant asserts that material issues of fact remain with respect to the defenses of accord and satisfaction and set-off. We reverse.

1. It was incumbent on appellee to pierce appellant’s defense of accord and satisfaction. Meade v. Heimanson, 239 Ga. 177 (236 SE2d 357) (1977). While the burden at trial is upon appellant to establish the existence of an accord and satisfaction, the burden was on appellee, as the party who made the motion for summary…