94 Ga. 289 | Ga. | 1894
The Commercial Bank of Albany brought an action .against A. W. Tucker; a nonsuit was granted, and the plaintiff excepted. The substance of the declaration, and of the evidence offered in support of it, appears in the official report.
An examination of the evidence will show that it does not support the declaration. The case made by the proof was, that the money was not loaned or advanced to Tucker individually, but to the company he represented; and although there was evidence that Tucker did contract and undertake, as alleged, to turn over and deliver to the bank drafts drawn by his company on melon shipments, there is a fatal variance between the declaration and the evidence in the vital respect above pointed out. An averment that money was loaned to an individual, or advanced to him, is not supported by proof that it was loaned to a cbmpany for which he was acting. The two things are necessarily inconsistent.