13 Ga. App. 38 | Ga. Ct. App. | 1913
The Georgia National Bank sued Brown as principal and Bishop as surety, upon a promissory note for $2,188 and interest and attorney’s fees. It appears from the record that Brown signed the note and Bishop indorsed it. Neither of the defendants contested the right of the plaintiff to recover. The only issue in the case was as to the relation of the parties, — the primary and secondary liability of the respective defendants to the plaintiff. Brown pleaded that although he was presumptively the principal, by reason of the fact that he was ostensibly the maker of the note in reality the original obligation was Bishop’s, and that he (Brown) signed only as a matter of accommodation, to enable Bishop to borrow the sum of money for which the note was originally given. Brown supported this plea by proof. On the other hand, Bishop testified in the most emphatic manner that he signed the note simply as surety for Brown. This issue seems to have been fairly submitted to the jury by the trial judge, and, since a verdict in favor of either of the parties would have been authorized, we have no disposition to disturb the discretion of the trial judge, nor have we jurisdiction to set aside the verdict, unless the finding was induced by or dependent upon error in the trial.
Judgment affirmed.