Gilley v. Glens Falls Insurance Co.

(After stating the foregoing facts.) The testimony of the witness Amerine established that the policy had actually been issued. This being so, the burden was upon the defendant to show that it had been canceled in accordance with its terms, and the plaintiff could withstand a motion for non-suit on this ground unless he disproved his right to recover by establishing the existence of other undisputed defensive facts showing that he was not entitled to recover because the policy had actually been so canceled. See Clark v. Bandy, 196 Ga. 546, 559 (27 S. E. 2d, 17). The court has no discretion in…