Martin v. Monroe

This ease has been before the Supreme Court on three former occasions. Martin v. Monroe, 107 Ga. 330 (33 S. E. 62); Martin v. Monroe, 130 Ga. 79 (60 S. E. 253); Monroe v. Martin, 137 Ga. 262 (73 S. E. 341). The action was by an executor, based on a promissory note executed during the life of the testator and payable to him. The defendant pleaded a written discharge by the payee. On the last trial the execution and genuineness of that writing were in issue. Held:

1. It was not error to charge the jury in effect that if the writing was genuine it would be presumed to have been executed on the…