41 Ga. App. 1 | Ga. Ct. App. | 1929
(After stating the foregoing facts.)
The allegations of the answer which •were demurred to were not vague and indefinite; and, conceding that the defendant should have named “the officers, agents, or emploj'ues of the bank corporation to whom the alleged facts were known,” and “the time when said facts were known to the said officers, agents, or employees,” the failure to sustain the demurrer on this ground was harmless, as the information called for by the demurrer was in the plaintiff’s possession and was introduced in evidence on the trial. The transactions involved were handled by the cashier and the discount clerk of the bank. It was through these officers that the “facts were known by the plaintiff bank at the several times the several notes were presented to them for negotiation.” “It was within the scope of their business and authority as the representatives of the
It is alleged that the court erred in admitting certain evidence. Even should we concede that the admission of this evidence was error, under repeated rulings of this court and of the Supreme Court this error is not of such materiality as to require the grant of a new trial, because substantially the same evidence from the same witness was later admitted without objection. Kiser Co. v. Barbre, 34 Ga. App. 448 (129 S. E. 887); Louisville & Nashville Railroad Co. v. Lovelace, 26 Ga. App. 286 (3) (106 S. E. 6), and cit.
' The court did not err in directing a verdict for the defendant. The bank sued Mrs. Pate on three notes, two of which were
Judgment affirmed.