Legal Opinion

Casey v. Owens

Court of Appeals of Georgia

Decided July 17, 1919No. 10053Published

Compaint; from Camden superior court—Judge Highsmith. July 29, 1918.

1Opinion of the CourtWade, C. J.

1. The various grounds of the demurrer are without substantial merit, and the trial judge did not err in overruling them.

2. The court erred in charging the jury that “under the statute of the State of Florida which the defendant has pleaded as a defense to the note sued upon,, the burden is upon the defendant to show by a preponderance of the evidence that notice of dishonor of the note sued upon was not given to him. Placing such notice in the mails for transmission to him within the time required by the statute so pleaded would be a sufficient compliance with the law as to notice.” Under…

2Cases cited2 opinions

  1. Apple v. LesserSupreme Court of Georgia · 1894
  2. Allen & Co. v. Georgia National BankSupreme Court of Georgia · 1878

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