Georgia Court of Appeals, 1919

Tuxworth v. Barber

Tuxworth v. Barber
Georgia Court of Appeals · Decided December 16, 1919 · Stephens
24 Ga. App. 609; 101 S.E. 715; 1919 Ga. App. LEXIS 963

Tuxworth v. Barber

Opinion of the Court

Stephens, J.

1. In a suit upon a promissory note by a plaintiff who is the transferee of the note, where the defendant admits a prima facie case and assumes the burden of proving his defense that the plaintiff purchased the note with notice of an infirmity therein, the trial judge does not err in directing a verdict for the plaintiff, upon the failure of the evidence to disclose any fact or circumstance within the knowledge of the plaintiff prior to the purchase of the note which would put a prudent man on his guard as to any defense, which the defendant might have had against the payee of the note.

2. The court properly excluded parol testimony as to the contents of a suit in the municipal court of Atlanta.

Judgment affirmed.

Jenkins, P. J., concurs. Smith, J., disqualified.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.