115 Ga. 369 | Ga. | 1902
It appears that Jones applied to Hudgins for a loan of $100, stating that he desired it to pay a debt owed to
On this state of facts we think the court erred in refusing to set the verdict aside as contrary to the evidence. As far as appears from the record, the husband’s testimony was not contradicted, impeached-, or in any way disputed. He was an unimpeached witness, and the jury erred in finding against his testimony. The fact that the wife signed the note first and without indicating that she was surety raised a presumption that she was principal, but this was fully rebutted by the evidence of the husband. Counsel for the defendant in error argues that the jury could disbelieve Jones, because, under cross-examination, he became much confused and could not explain why his wife signed her name first. In reply to this contention it is sufficient to say that the record does not give any intimation that this witness became confused under cross-examination. We think, therefore, that the verdict was without evidence to support it, and solely upon this ground we reverse the judgment refusing a new trial. The other grounds of the motion for new trial are such that, in view of the above ruling, it is unnecessary to discuss them.
Judgment reversed.