5 Ga. App. 551 | Ga. Ct. App. | 1909
On a former hearing of this case (1 Ga. App. 258, 57 S. E. 964) the judgment of the trial judge, overruling the motion for new trial, was reversed because a letter written by the defendant, and coming from the possession of the plaintiff, was repelled, upon the objection being urged that there was no proof that the letter had ever been received by the plaintiff. Upon the-last trial of the case the jury found in favor of the defendant; and. the plaintiff’s motion for new trial being overruled, he excepts.. We shall not deal with the general grounds of the motion for new trial, because we think the court erred in not granting the plaintiff a new trial upon the ground in which it is insisted that the court' illegally withheld from the jury, against the demand of the movant,, a letter which the defendant admitted having written. The letter offered in evidence is as follows: “Elberton, Georgia. June 2,. 1902. Messrs. F. C. Austin Manufacturing Co., Harvey, Ill-Gentlemen: The last head you shipped me has proven a success,, and I propose the following settlement. Send one note to Bank of Elberton on July 1st, the other one on September 1st. My rea
Judgment reversed.