106 Ga. 419 | Ga. | 1899
This was a suit by J. Walker Magrath against. W. A. Baker for four thousand dollars, besides interest, alleged to be due on two promissory notes given by defendant to plaintiff for the principal amount of two thousand dollars each. Defendant filed a plea, denying his indebtedness as alleged,, admitting that the notes sued upon were signed as stated in the petition, but alleging that only a part of said sum was received by him, not as a loan, but to be used by defendant in th e speculative purchase of cotton for the joint, benefit of plaintiff and defendant; that the notes were given for an illegal consideration, are invalid, and no recovery can be had thereon. At the-conclusion of the evidence the court directed a verdict for the plaintiff, to which direction the defendant below excepted, and now assigns the same as error.
Judgment affirmed.