9 Ga. App. 367 | Ga. Ct. App. | 1911
his /'Meredith X Thompson. mark her “Nancy X Thompson, mark “Hugh A. Price.
“Witness: Zona Thompson.”
Mrs. Nancy Thompson filed a plea of non est factum, and by amendment further pleaded that, though her name appeared on the note as a maker, she could neither read nor write, and signed merely as a witness; also that the note was executed on Sunday; also that the note was executed for a pre-existing debt of her husband. The note was tendered in evidence without proof of execution. The defendant objected. The objection was overruled. Primarily speaking, this was error (as the plea of non est factum put-
The exception which relates to the admission of the note without proof of execution has been covered by what has been said above, and the error assigned as to this we hold to be harmless error.
Judgment reversed.