Murphree v. Wrens Motor Co.
Court of Appeals of Georgia
Complaint; from Jefferson superior court — Judge Hardeman. June 8, 1920. The action was upon a check signed by W. J. Murphree, the defendant, payable to the order of A. W. Williams, and indorsed by Williams, payment of which had been stopped by the maker.
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Complaint; from Jefferson superior court — Judge Hardeman. June 8, 1920. The action was upon a check signed by W. J. Murphree, the defendant, payable to the order of A. W. Williams, and indorsed by Williams, payment of which had been stopped by the maker. The defendant in his answer admitted the execution and delivery of the check, its indorsement by Williams, that the plaintiff, Wrens Motor Company, was the owner of the check, and that he had stopped payment of it and refused to pay it; and he assumed the burden of proof and pleaded failure of consideration, alleging that the check was given…
1Opinion of the CourtLuke, J.
1. Suit was brouglit by Wrens Motor Company against Murpliree, upon a check drawn upon a bank, payable to one Williams, and by Williams indorsed in blank to Wrens Motor Company. Murpliree admitted a prima facie case in the plaintiff, and assumed the burden of proving the defense of failure of consideration. The evidence was not sufficient to legally carry the burden, and the verdict in favor of the plaintiff was demanded.
2. The special grounds of the motion for a new trial wherein the defendant complains of rulings upcfc the admissibility of evidence, and of the court’s refusal to compel the…
2Cases cited1 opinion
- Bedell v. ScarlettSupreme Court of Georgia · 1886
3Cited by1 opinion
- Full Gospel Assemblies in Christ v. Montgomery Ward & Co.Court of Appeals of Texas · 1951