Stiles v. Shedden
Court of Appeals of Georgia
Complaint, from city court of Cartersville — Judge Eoute. April 4, 1907. , ' Shedden sued Stiles upon a promissory note for $500. The note was signed by Stiles, payable to himself or order, and indorsed by himself and George T. Hodgson, both the indorsements being in blank.
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Complaint, from city court of Cartersville — Judge Eoute. April 4, 1907. , ' Shedden sued Stiles upon a promissory note for $500. The note was signed by Stiles, payable to himself or order, and indorsed by himself and George T. Hodgson, both the indorsements being in blank. It also bore the indorsement, “Eor collection account of English-American Loan and Trust Co., Eoby Eobinson, Cashier.-' The defendant’s answer admitted the execution of the note and that the same was transferred by indorsement to Shedden. He set up, in. defense, that the note was an accommodation paper, wholly without…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. Under the pleadings the defendant took the burden of proof;, and was entitled to the opening and conclusion. In actions ex contractu the test is: if under the pleadings the plaintiff would be entitled to a judgment in. his favor for the full amount authorized by his petition, without the introduction of any proof, unless the defendant.by his evidence can affirmatively avoid the prima,, facie case admittedUn plaintiff’s favor, the defendant is entitled to open and conclude. In this case the defendant having admitted the execution of the note and the…
2Cases cited6 opinions
- Myers v. StateSupreme Court of Georgia · 1895
- Bowden v. AchorSupreme Court of Georgia · 1895
- Culberson v. Alabama Construction Co.Supreme Court of Georgia · 1907
- McLean v. ClarkSupreme Court of Georgia · 1872
- Heard v. DeLoachSupreme Court of Georgia · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Albany Phosphate Co. v. Hugger Bros.Court of Appeals of Georgia · 1908
- Griffin v. StateSupreme Court of Georgia · 1943
- Payne v. ThebautSupreme Court of Georgia · 1935
- Brantley v. Merchants & Farmers BankCourt of Appeals of Georgia · 1918
- Hilton v. Sylvania & Girard RailroadCourt of Appeals of Georgia · 1910
5 more not listed; retrieve them via the Exa API.