Legal Opinion

DeLay v. Galt

Supreme Court of Georgia

Decided February 23, 1914PublishedCited by 9 opinions

Complaint. Before Judge Morris. Cherokee superior court September 20, 1912.

1Opinion of the CourtAtkinson, J.

Where, to a suit on a note, the defendant admits the due execution of the note and pleads total failure of consideration, the burden is upon him to establish that plea. The evidence was not of such a character as to demand a verdict for the defendant, and the court erred in directing the same.

Judgment reversed.

All the Justices concur.

2Cited by9 opinions

  1. Coast Scopitone, Inc. v. SelfCourt of Appeals of Georgia · 1972
  2. United Rentals Systems, Inc. v. Safeco InsuranceCourt of Appeals of Georgia · 1980
  3. Pepsico Truck Rental, Inc. v. Eastern Foods, Inc.Court of Appeals of Georgia · 1978
  4. Carlton Co. v. AllenCourt of Appeals of Georgia · 1975
  5. Morgan's Inc. v. MonsCourt of Appeals of Georgia · 1949

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