13 Ga. App. 120 | Ga. Ct. App. | 1913
Lowe & Company sued Moore on a promissory note. He filed a plea of non est factum, and this was the only issue in the case. The verdict was against the defendant. His motion for a new trial was overruled, and he excepted. At the trial he testified that he did not sign the note sued on, and witnesses testified in his behalf that the note which he signed was a very small piece of ■paper, whereas the note here involved is an extremely long instrument, covering nearly two pages of the record, with clauses con.taining reservation of title, conveyance of a mortgage lien, power of sale, and various other stipulations. He introduced, for comparison by the jury, a number of other notes which he had given. It is enough to say that there was ample evidence to have sus■táined a finding in favor of the plea of non est factum. On the 'other' hand, the plaintiffs proved by the subscribing witnesses the execution of the note. In the defendant’s motion for a new trial • it is complained that the court, in charging the jury, omitted to
Viewing the charge as a whole, there is nothing in the point
There was no error in refusing a new trial.
Judgment affirmed.