
    DeLay v. Galt.
    February 23, 1914.
    Complaint. Before Judge Morris. Cherokee superior court September 20, 1912.
    
      Sharp & Sharp and E. W. Coleman, for plaintiff.
    j. Z. Foster, P. P. DuPre, and G. I. Teasley, for defendant.
   Atkinson, J.

Where, to a suit on a note, the defendant admits the due execution of the note and pleads total failure of consideration, the burden is upon him to establish that plea. The evidence was not of such a character as to demand a verdict for the defendant, and the court erred in directing the same.

Judgment reversed.

All the Justices concur.  