Legal Opinion
Ray v. Marett
Court of Appeals of Georgia
Decided June 8, 1951No. 33405PublishedCited by 5 opinions
1Opinion of the CourtMacIntyre, P. J.
The burden of proof was upon the defendant to establish her affirmative defense of want, or failure, of consideration. She admitted her execution and delivery of the note to the plaintiff and admitted that the note had been duly presented for payment and that payment had been refused. Under such admissions, a prima facie case was made out for the plaintiff and it was encumbent upon the defendant to introduce evidence in support of her plea of want, or failure, of consideration to rebut such prima facie case. Code, § 14-301; Purcell v. Armour Packing Co., 4 Ga. App. 253 (61 S. E. 138); Willis…
2Cases cited14 opinions
- Western & Atlantic Railroad v. EvansSupreme Court of Georgia · 1895
- Southern Railway Co. v. HobbsSupreme Court of Georgia · 1904
- Ray v. GreenSupreme Court of Georgia · 1901
- Southern Bank v. GoetteSupreme Court of Georgia · 1899
- Davis v. AkridgeSupreme Court of Georgia · 1945
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3Cited by5 opinions
- Lansdale Clothes, Inc. v. WrightSupreme Court of Georgia · 1962
- Smith v. Goerlich's, Inc.Court of Appeals of Georgia · 1965
- Messer v. HewittCourt of Appeals of Georgia · 1958
- Barnes v. ThorntonCourt of Appeals of Georgia · 1955
- Ralston Purina Co. v. WoodyCourt of Appeals of Georgia · 1969