Troutman Lumber Co. v. National Manufacturing Co.
Supreme Court of Georgia
Complaint. Before Judge Park. Baldwin superior court. March 23, 1915.
1Opinion of the CourtLumpkin, J.
1. This case is controlled in principle by the decisions in Wylly v. Collins, 9 Ga. 223, 240; Weaver v. Nixon, 69 Ga. 699 (2) ; Keller v. Singleton, 69 Ga. 703, 704; Norton v. Paragon Oil Can Co., 98 Ga. 468 (25 S. E. 501).
2. In the instant case suit was brought on an open account claimed to be due by a firm. The plea was that it had been settled and discharged *316by the acceptance of a promissory note, under seal, of one of the members of the firm. On the trial the defendants admitted a prima facie case, and assumed the burden of proof. Under the uneontradicted evidence, there was no error in…
2Cases cited4 opinions
- Wylly v. S. Z. Collins & Co.Supreme Court of Georgia · 1851
- Norton v. Paragon Oil Can Co.Supreme Court of Georgia · 1896
- Weaver v. Nixon & WesterSupreme Court of Georgia · 1882
- Keller v. Singleton, Hunt & Co.Supreme Court of Georgia · 1882