74 Ga. 576 | Ga. | 1885
This is an action for the recovery of certain sums of money alleged to be due by the Planters and Miners’ Bank to the estate of Lewis Tumlin. It was brought by Gray as administrator on Tumlin’s estate, but is now proceeding in the name of Neil, receiver. The foundation of the suit is a receipt as follows:
“Planters’ and Miners’ Bank,
Cartersville, August 25th, 1876.
Col. Lewis Tumlin: I have renewed your draft on W. H. Stiles & Co., and now have a draft drawn by W. H. Stiles & Co., accepted by B. M. Stiles, which will be placed.to your credit when paid.
D. W. K. Peacock, Cashier.”
The allegation is that this draft to the amount of $3,856.57, besides interest from August, 1873, its date, has been collected and the bank refuses to pay it. The action was amended by alleging that the Stiles draft was Tumlin’s property, held August 28,1873, by the bank for collection, and on that day the bank collected it in full, thus receiving it for the use of Tumlin, and undertook to pay the same, etc
Besides the general issue, the bank pleaded that it had collected only $1,537.00 on the' draft and paid Tumlin; that at his death, his own pass-book showed five thousand dollars due him by the bank from deposits, etc.; that this
But if the receiver introduced to the jury the sayings of Peacock, or his writings, which are but written sayings, he may explain such statements or admissions and give all that transpired at the time concerning that transaction ; especially may this be done, if he was agent both of the bank and of Tumlin. 51 Ga., 624.
Inasmuch as the case is to be tried again and more testimony may be adduced pro and ’ con the verdict reached by the jury this time, we forbear to express any opinion on the merits of the case upon the facts this record now discloses.
Judgment reversed.