Scott v. Kelly-Springfield Tire Co.

1. “Generally, proof of an explicit voluntary admission by a person of a fact adverse to his own interest is, in any civil proceeding against him, prima facie evidence of the existence of that fact; and, unless explained or denied, such admission may, of itself, authorize a jury to find accordingly.” William Hester Marble Co. v. Walton, 22 Ga. App. 433 (4) (96 S. E. 269).

2. Where, in the trial of an action upon an open account, the evidence warrants the inference that on a demand for payinent the defendant had given to the plaintiff a check for the amount of the indebtedness claimed, but that…