52 Ga. App. 548 | Ga. Ct. App. | 1936
In a suit on a note, where the defendant denies the execution of the note by a plea of non est factum, the burden of proving the execution of the note is on the plaintiff. Lowe Cracker Co. v. Ginn, 94 Ga. 408 (20 S. E. 106); Stanton v. Burge, 34 Ga. 435; Thompson v. Kelsey, 8 Ga. App. 23 (68 S. E. 518). The plaintiff testified that, while he was not an expert, in his opinion the purported signature of the defendant to the note and her admitted signature to the verified plea of non est factum, were the same, although he did not know that the defendant signed the note and could not swear that she did. The jury had this plea before them, and could make a physical comparison of the signature
Judgment affirmed.