19 Ga. App. 516 | Ga. Ct. App. | 1917
1. The exception to the ruling upon the demurrer to the original plea, not having been argued in the brief of counsel for the plaintiff in error, will be treated as abandoned.
2. The code of this State provides that an indorsement of a note, when it is sued on by the indorsee, need not be proved “unless denied on oath.” • Civil Code of 1910, § 4299. It follows, as a negative pregnant, that where such an indorsement is denied on oath there must be proof of the genuineness of the indorsement. “In such a case the existence of a genuine indorsement will be essential to the case of the plaintiff, and the burden of proof ordi
The plaintiff having failed to prove the indorsement of the note, the court did not err in excluding the note from the evidence and in awarding a nonsuit.
Judgment affirmed.