Wall's Odorless Cleaners Inc. v. Allen

1. Where suit is brought on a promissory note, the execution of the note “need not be proved, unless denied by a plea of non est factum.” McClain v. Georgian Co., 17 Ga. App. 648 (4) (87 S. E. 1090). In the instant case no such plea was filed, and the defendants in their pleas virtually admitted that they executed the note sued on and that they had the authority to do so. It follows that there is no merit in the single special ground of the oral motion for a new trial which complains of the admission of the note in evidence, over the defendants’ objection “that its execution by the defendant,…