Van Winkle Gin & Machine Works v. Pittman
Van Winkle Gin & Machine Works v. Pittman
Opinion of the Court
This was a suit on a promissory note. The petition alleged, that the plaintiff was a corporation; that the defendants were jointly and severally indebted-to it in the amount of the-note made and delivered to it by the defendants; and that written notice had been duly served on the defendants of an intention to sue-The defendants filed a joint answer. They denied that plaintiff' was a corporation under the laws of Georgia. They denied that any written notice was served on them, as required by law, of an intention to sue. They admitted the execution of the note sued on. They further answered that they had paid $100 on the note, which had not been credited to them. The jury found a verdict for the plaintiff for the amount which the defendants admitted in their answer was due on the note. The plaintiff made a motion for a new trial, and the court overruled the motion. On the trial of the case, when counsel for plaintiff had opened the ease and tendered in evidence the note sued on, the attorneys for the defendants stated orally that the defendants would admit a prima facie case, and asked that they be allowed the opening and conclusion. Over the objection of the plaintiff, the court permitted the defendants to assume the burden and open and conclude the argument before the jury. The plaintiff excepts to this ruling, because it deprived the plaintiff of its legal right, and was contrary to law and the rules of the court. Besides the general grounds, it assigns several errors in the admission of testimony. We think it only necessary to review the ruling allowing to the defendants the right to open and conclude the case.
It is insisted that the admission in the answer, as to the execution of the note sued on, was not sufficient, in that it failed to admit that the plaintiff was the legal holder of the same, and, as such, entitled to bring the suit ; and that the denial of the allegation of corporate existence made it necessary for the plaintiff to prove that fact. The plaintiff is the payee named in the note; its name imports a corporation, even if there was-no such allegation. A presumption of corporate existence was thus raised,'and the burden was cast on the defendants to prove affirmatively that no such corporation existed. The admission, aided by this presumption, was sufficient, on this part of the plaintiff’s case. Besides, we can not' see how the corporate existence of-the plaintiff was at all material to the defendants. They admitted the execu
The other grounds in the motion for a new trial,’ as corrected .and verified, are without merit. Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.