108 Ga. 538 | Ga. | 1899
The First National Bank of Dalton brought suit, in Whitfield superior court, against John Black and S. B.
l
There are several other grounds in the motion, complaining of error in the court in charging the law of fraud as embodied in Civil Code, §§ 4025, 4026, 4028, etc. We think the law is applicable to the facts in this case; but even if not, the propositions complained of being correct as abstract principles of law, and the motion itself failing to indicate wherein giving them in charge operated to the injury of the movant, this court will not reverse a judgment refusing a new trial on such grounds.
It is further complained in the motion for new trial that the court erred in refusing to charge, as requested by plaintiff’s counsel, that if at the time the money was first furnished to pay off the taxes the defendants and Peak were stockholders of the compress company and interested in saving its property from sale, and all tried to get the money from the bank and pay the taxes, and the bank advanced the money, nothing said by Peak to Black and Felker about not having to pay it back would bind the bank; and also in refusing to charge that if the jury found the note was renewed after the property of the compress company was sold by the sheriff, they should find for the plaintiff. We think the views expressed above in this opinion fully cover these exceptions. Besides, it appears from the record that Peak was the man that first approached the de
After a careful review of the entire record, we think a clear equitable defense was set up by the plea in this case and established by the testimony, and accordingly affirm the judgment refusing a new trial.
Judgment affirmed.