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JAY GLEASON ADVERTISING SERVICE, INC. v. GLEASON.
A89A1566.
POPE, Judge.
Action on note. Fulton State Court. Before Judge Lambros.
Plaintiff Thomas W. Gleason sued plaintiff Jay Gleason Advertising Service, Inc., on a promissory note for $10,500. Defendant answered asserting the defenses of fraud and failure of consideration. After the deposition of the sole shareholder of defendant corporation was taken and defendant had responded to certain discovery requests, plaintiff moved for summary judgment. Defendant did not respond to the motion by affidavit or by brief of law. The trial court granted summary judgment to plaintiff and defendant appeals.
1. Defendant argues summary judgment was improper because the record does not reflect all the facts necessary in order for the plaintiff to be entitled to judgment. "When signatures are admitted or established, production of the instrument entitles a holder to recover on it unless the defendant establishes a defense." OCGA 11-3-307 (2). The evidence in the record shows the promissory note was duly executed and that defendant is in default. Thus, a prima facie right to judgment by plaintiff is established and the burden is on the defendant to establish an affirmative defense to plaintiff's claim. See Citizens Bank v. Wix, 154 Ga. App. 249 (267 SE2d 856) (1980).
Joseph Gardner III, for appellee.
Daniel W. Latimore, Jr., for appellant.
DECIDED NOVEMBER 8, 1989.
Thursday May 21 11:16 EDT


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