11 Ga. App. 479 | Ga. Ct. App. | 1912
We think the judgment in this case is wrong for “two reasons. In the first place it is apparent, from the testimony of officials of the bank, that the note sued on was given in lieu of one for which the bank looked to M. E. Carter for payment; and, therefore, any assumption of that debt by his wife could be repudiated by her at her option. In the next place, the evidence fails to support the verdict for a more serious reason. There is no proper evidence that Carter was authorized to indorse the note. In the evidence it is undisputed that the People’s Supply Company was the name under which Mrs. Carter did business, and that she is a married woman. Granting that the officials of the bank
The jury, being the exclusive judges of the credibility of the witnesses, had the right to find that the bank did not know who composed the People’s Supply Company, and did not know that “People’s Supply Company” was merely the trade name used by Mrs. Carter; that the bank did not know that Carter had no authority to indorse the note, and that it acted in perfect good faith. Concede, for the sake of the argument, that the jury had the right to find, from the evidence, that, the M. E. Carter Company being a corporation, the original note (for which the note now involved was given in renewal) was not the debt of Mrs. Carter’s
Judgment reversed.