128 Ga. 30 | Ga. | 1907
Hilton had to his credit with the Jesup Banking Company the sum of two dollars and ninety cents. He drew a check for this amount, which was properly indorsed and presented for payment to the defendant bank, within the usual business hours, and payment was refused. He sued the bank for the wrongful dishonor of his check, claiming “special damages, and as well ■as temperate, for said injuries.” The bank admitted due presentation of the check, and that the plaintiff had to his credit the amount named therein, and set up that its failure to pay was because of an honest mistake of the cashier. The plaintiff voluntarily disclaimed •any special damages, «and the jury returned a verdict in his favor for ten dollars. He moved for a new trial,-and upon the court’s refusal to grant it, he brings error.
Judgment affirmed.