HOUSE v. ISAACSON

38420.

102 Ga. App. 377 (1960)

116 S.E.2d 520

HOUSE v. ISAACSON.

Court of Appeals of Georgia.

Decided September 12, 1960.


Attorney(s) appearing for the Case

Arnold & Harris, Ross Arnold, Nancy Pat Phillips, Robert B. Harris, for plaintiff in error.

T. M. Smith, Troutman, Sams, Schroder & Lockerman, contra.


FELTON, Chief Judge.

1. As a matter of pleading it is necessary for the plaintiff in an action on a note to allege the non-payment thereof, although it is not necessary for him to support such allegations by any proof other than that which is necessarily attendant on the introduction of the note in evidence. 8 Am. Jur. 565, Bills and Notes, § 957.

2. The fact of nonpayment will be deemed to be sufficiently pleaded if facts are stated from which the default...

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