1 Ga. L. Rep. 480 | Ga. | 1886
The questions upon which this case must turn relate to the validity of Ball’s title to the papers sued on, and to the defendant’s satisfaction of the same by making payment thereof either to Ball or to the assignees in bankruptcy of West, Edwards & Co., from whom the goods were purchased, for which the papers were given by defendant, as it was alleged, on the eve of the bankruptcy of Wesf, Edwards & Co.
The 4th ground of the motion for a new trial sets forth a portion of the charge given on this subject, and as far as that goes, it> is literally correct and in strict accordance with what was ruled when the case was here before.
The charge contained in the 5th ground of the motion, and to which the plaintiffs except, while substantially correct, would have been more accurate if, after instructing the jury that if the transfer of the papers sued on was not finally completed on the Sabbath day, but was after-wards consummated on another day, then it would, for all purposes, be valid, and the plaintiff would be entitled to recover, had the latter clause thereof been omitted, namely, “ unless some other good defence is established by the evidence, under the law, as the court will explain.” Coming, as it did, immediately after the instructions embodied in the 4th ground of the motion, We do not think it sufficiently explicit or guarded in its terfns. The jury might have been led to infer that there was another defence in the case which would justify them in finding against, fhe Inna fide holder of paper transferred in the fair and usual
If the jury found that Ball was a bona fide holder of these acceptances, then this law should-have been given them in charge as applicable to these particular issues, instead of the charge given, which is set forth and excepted to in the 10th, 11th and 12th grounds of the plaintiffs’ motion for a new trial. It is perfectly immaterial what was the motive of the defendant for making this arrangement for a settlement of the bankruptcy matters with, that court, or what induced him to submit to the judgment, then rendered, unless he was misled by the fraudulent representations or practices of a party thereby benefited, or’ unless he was so situated that by the exercise of diligence-he. could not have obtained accurate knowledge of the facts which, in its absence, influenced him to act.
' This disposes of the plaintiffs’ bill of exceptions, and leads to the conclusion that they should have had a new trial, not only because of the above errors in the charges and rulings of the court, but because of the want of evidence to sup
The other depositions relating to bankruptcy were
On the plaintiffs’ bill of exceptions we order the judgment reversed.