Brenard Mfg. Co. v. Sullivan

This is the second appeal in this case. The report of the former appeal embodying a statement of the case and principles of law applicable may be found in Brenard Mfg. Co. v. Sullivan, 210 Ala. 200, 97 So. 692.

On the last trial the defendant filed the general issue and two special pleas, designated as A and 6. The introduction of the notes in evidence made a prima facie case for the plaintiff, and shifted the burden to the defendant to prove his special pleas.

Plea A sets up as a defense, in short, that before the shipment of the goods that constituted the consideration for the notes sued on…