Troutman Lumber Co. v. Nat'l Mfg. Co., 89 S.E. 198 (Ga. 1916). · Go Syfert
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Troutman Lumber Co. v. Nat'l Mfg. Co., 89 S.E. 198 (Ga. 1916). Cases Citing This Book View Copy Cite
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Troutman Lumber Co.
v.
National Manufacturing Co.
Supreme Court of Georgia.
Jun 14, 1916.
89 S.E. 198
Mines & Vinson, for plaintiffs in error., Allen & Pottle, contra.
Lumpkin.
Published
Lumpkin, J.

1. This case is controlled in principle by the decisions in Wylly v. Collins, 9 Ga. 223, 240; Weaver v. Nixon, 69 Ga. 699 (2) ; Keller v. Singleton, 69 Ga. 703, 704; Norton v. Paragon Oil Can Co., 98 Ga. 468 (25 S. E. 501).

2. In the instant case suit was brought on an open account claimed to be due by a firm. The plea was that it had been settled and discharged[*316] by the acceptance of a promissory note, under seal, of one of the members of the firm. On the trial the defendants admitted a prima facie case, and assumed the burden of proof. Under the uneontradicted evidence, there was no error in directing a verdict in favor of the plaintiff.

June 14, 1916. Complaint. Before Judge Park. Baldwin superior court. March 23, 1915. Mines & Vinson, for plaintiffs in error. Allen & Pottle, contra.

Judgment affirmed.

All the Justices_ concur.