Messer v. Hewitt

Felton, Chief Judge.

1. The defendant having admitted the execution of the note and pleaded want of consideration, a prima facie case was made out for the plaintiff, and the defendant assumed the burden of proof as to- the. plea. Ray v. Marett, 84 Ga. App. 86 (65 S. E. 2d 646); Morgan’s, Inc. v. Mons, 79 Ga. App. 525 (2) (54 S. E. 2d 498).

2. The evidence did not demand a. finding that the note was given for the suspension, suppression or discontinuance of a criminal prosecution. Therefore, the court was authorized to find against the plea and in favor of the plaintiff.

The court did not err in…