90 Ga. App. 638 | Ga. Ct. App. | 1954
Where, in a joint action for money had and received and for usury, the plaintiff seeks to recover of the defendant $398.24 as money had and received, and $6,437.13 as interest paid by the plaintiff to the defendant on a series of allegedly usurious transactions between them; and where, on the trial of the case, the evidence is in conflict on every material issue, authorizing the jury to find for the plaintiff for either or both of such sums, or against the plaintiff as to either or both of such sums; and where the trial court instructs the jury to consider the two issues separately and return verdicts as to each, but the jury returns one verdict in favor of the plaintiff for $204.24, which was not authorized by the evidence on either issue presented—a new trial must be granted. If the jury intended by its verdict to find that the transactions were usurious, it could not have found from the evidence in the case that the amount of interest paid by the plaintiff was only $204.24. If
Judgment reversed.
