Moore v. Morris
Supreme Court of Georgia
Assumpsit, in Emanuel Superior Court. Decision by Judge Holt, at September Term, 1858. This was an action brought by Thomas L. Moore against Thomas J. Morris, upon seventeen promissory notes,, each for thirty dollars. The following is a copy of each note, viz: • One day after date we or either of us promise to pay Thomas L. Moore, or bearer, thirty dollars for value received. February 6th, 1856. [Signed] WM. J. WILLIAMSON. his THOMAS J. M MORRIS, mark.
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Assumpsit, in Emanuel Superior Court. Decision by Judge Holt, at September Term, 1858. This was an action brought by Thomas L. Moore against Thomas J. Morris, upon seventeen promissory notes,, each for thirty dollars. The following is a copy of each note, viz: • One day after date we or either of us promise to pay Thomas L. Moore, or bearer, thirty dollars for value received. February 6th, 1856. [Signed] WM. J. WILLIAMSON. his THOMAS J. M MORRIS, mark. The defendant pleaded that he did not make said notes, nor authorize any one to do so for him, which plea he verified by oath. Plaintiff…
1Opinion of the Court
*651 By the Court.
McDonald, J.
delivering the opinion.
[1:] The presiding Judge in the Court below refused to admit the notes in evidence on the trial, on the ground that the proof of their execution was not sufficient to overcome the plea of not est factum, which had been filed. The plea in this case was not sworn to be true, which is necessary in this State to throw the onus of proving the execution of an instrument sued on, on the plaintiff. The defendant swears that it is true to the best of his remembrance.
[2.] But had it been good, the evidence was sufficient to authorize the notes to be read…
2Cited by4 opinions
- Martin v. Lamb & Co.Supreme Court of Georgia · 1887
- Stevens v. WakefieldCourt of Appeals of Georgia · 1981
- Stancel v. PuryearSupreme Court of Georgia · 1877
- Adamson v. ReaginSupreme Court of Georgia · 1915