53 Ga. App. 847 | Ga. Ct. App. | 1936
This case was transferred to this court by the Supreme Court. Mrs. Bessie Goodwyn, administratrix, sued Mrs. Lula L. Roop, administratrix. The plaintiff alleged that the defendant’s intestate was the son and the confidential agent and trustee of the plaintiff’s intestate; that as such he took charge of and managed his mother’s property during a period from May, 1904, until the date of her death in April, 1931; that she allowed him to take charge of all of her affairs and manage them in her place and stead, which he did as long as she lived, and he never made any settlement or accounting to her thereof; that he died in August, 1931, without making any accounting and settlement with his mother or with any representative of her estate; that the plaintiff had made demand on the defendant for a settlement and accounting, which was refused; that the defendant’s intestate, im
One of the contentions by counsel for the defendant is that there was no proof of the alleged agency. Under the evidence this contention is not sustainable. Whether the defendant’s intestate, in the various transactions testified about, acted only as a legal
Counsel for the defendant, in their briefs attacked the testimony of this witness on account of inconsistencies, on account of lack of knowledge of the matters testified about, as shown by other parts of his testimony, and on account of his credibility, he being the husband of the plaintiff administratrix. This is a- question for determination by a jury. This testimony was sufficient to require submission of the case to the jury, and the court erred in sustaining the motion for nonsuit.
The exceptions to rulings on objections to testimony, which, as before stated, are interspersed along in the brief of evidence, do not require consideration. The exceptions to the exclusion of testimony concerning the estate of J. K. Roop and the amount received therefrom by the plaintiff’s intestate are immaterial, because in the subsequent course of the case other witnesses were allowed to testify as to these matters. This also applies to the exception to the exclusion of certain testimony by H. A. Roop and the testimony of the plaintiff administratrix.
The claim does not appear to be barred by the statute of limitations. The statute does not begin to run until demand made. Teasley v. Bradley, 110 Ga. 497 (35 S. E. 782, 78 Am. St. R. 113).
Judgment reversed.