109 Ga. 439 | Ga. | 1899
(after stating the facts.) Under the view we entertain of this case, it is necessary to consider only the first ground of the motion for a nonsuit, and therefore the evidence for the plaintiff as to how the injury occurred has been omitted from the statement of facts. If the release signed by the plaintiff- was binding upon him, in view of the evidence submitted, it would not matter whether the defendant company was originally liable or not. The plaintiff contends that he is not bound by the release, because, at the time he signed it, he thought it was merely a voucher for his lost time, and that nothing was said between him and Craven, the. trainmaster of the defendant company, in reference to the plaintiff’s injuries, and the plaintiff had no conversation with Craven whatever about the injury the plaintiff had received and a settlement for it, and that he never knew until shortly before the suit was brought that the paper he had signed was a release to the railway company for liability for the injury which he had sustained. It does not appear from the evidence that Craven, or any other agent of the railway company, made any representations to the plaintiff as to what the paper contained, or that there was any device or artifice resorted to by the agents of the defendant to induce the plaintiff to sign the paper. The evidence shows that, after the plaintiff and Craven had discussed
In Radcliffe v. Biles, 94 Ga. 480, G. W. Radcliffe presented his equitable petition against J. S. Radcliffe and J. B. Biles & Brother. It appears from the official report of that case, that J. B. Biles and J. S. Radcliffe requested the petitioner, G. W. Radcliffe, to go on J. S. Radcliffe’s note for $2,000.00, as security. This the petitioner refused to do, but agreed with Biles that he would stand the security and guarantee that J. S. Radcliffe should fully account with Biles & Brother respecting any mules J. S. had sold on their account, or turn over to them any notes or mortgages for which the mules might have been sold. Biles agreed to this arrangement; and the petition further stated that “ it was then and there agreed that J. S. and Biles should draw up a paper to carry out this agreement. Biles and J. S.. left petitioner in order to do so, and soon returned presenting
Judgment affirmed.