Pitillo v. Demetry

Felton, Chief Judge.

Code Ann. § 109A-3—307 (3) (Ga. L. 1962, pp. 156, 256) provides as follows: “After it is shown that a defense exists a person claiming the rights of a holder in due course has the burden of establishing that he or some person under whom he claims is in all respects a holder in due course.” The defense alleged by the answer is failure of consideration. If the plaintiff was not a holder in due course, he took the instrument subject to this defense. Code Ann. § 109A-3—306 (c) (Ga. L. 1962, pp. 156, 255). The contrary is true if he was a holder in due course. Code Ann. §…