On Motion for Rehearing.
Appellee alleged and proved without contradiction that he sent the notes to appellant for collection, agreeing to take $1,000 in full payment of the same, but afterwards instructed appellant to return the same. Appellant failed and refused to return the same, and made no defense, except a general denial. Appellee proved every allegation in the petition, and appellant introduced no testimony. Appellee, when he proved that he sent the notes to appellant, and then instructed it to return the notes, which it failed and refused to do, and converted them to its own use, made out a prima facie case, and the burden devolved on appellant to show any defense it had. Appellee was not burdened with proving appellant’s defense.
The motion is overruled.