26 Ga. App. 382 | Ga. Ct. App. | 1921
1. Suit was brouglit by Wrens Motor Company against Murpliree, upon a check drawn upon a bank, payable to one Williams, and by Williams indorsed in blank to Wrens Motor Company. Murpliree admitted a prima facie case in the plaintiff, and assumed the burden of proving the defense of failure of consideration. The evidence was not sufficient to legally carry the burden, and the verdict in favor of the plaintiff was demanded.
2. The special grounds of the motion for a new trial wherein the defendant complains of rulings upcfc the admissibility of evidence, and of the court’s refusal to compel the plaintiff to make the indorser upon the check a party defendant, are without merit. See Bedell v. Scarlett, 75 Ga. 56. Eor no reason assigned was it error to overrule the motion for á new trial.
Judgment affirmed.