86 Ga. 438 | Ga. | 1890
Hnder the facts as disclosed by the record, the trial judge did not err in granting a second new trial in this case. Under these facts the plaintiff could not recover. While Cason may have given Iieath, the maker of the note, the money for the purpose of purchasing the note from Baker, the holder, for him (Cason), Heath violated his instructions and his trust in not informing Baker, the holder of the note, of said trust. Baker did not know when he received the money from Heath hut that it was in payment of the note. Heath did not tell him that Cason had sent the money by him to purchase the note.