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PITILLO v. DEMETRY

41552.

112 Ga. App. 643 (1965)

145 S.E.2d 792

PITILLO v. DEMETRY.

Court of Appeals of Georgia.

Decided November 12, 1965.

Attorney(s) appearing for the Case

T. Charles Allen, Paul T. O'Connor, for plaintiff in error.

Leon Epstein, contra.

FELTON, Chief Judge.

Code Ann. § 109A-3 — 307 (3) (Ga. L. 1962, pp. 156, 256) provides as follows: "After it is shown that a defense exists a person claiming the rights of a holder in due course has the burden of establishing that he or some person under whom he claims is in all respects a holder in due course." The defense alleged by the answer is failure of consideration. If the plaintiff was not a holder in due course, he took the instrument...

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