77 Ga. 563 | Ga. | 1887
Samuel Pulliam and Joab Lewis brougnt a rule against W. J. Cantrell,, an attorney at law, for money he had collected for J. H. Arthur, whose receipt on Cantrell Pulliam held by delivery from Arthur, and in which, it was alleged, Lewis, by an understanding with Arthur, and at the instance of Pulliam, became also interested. Cantrell’s defence was, that he paid all the money to Arthur with the consent of Pulliam, and that he knew nothing of Lewis’s interest. The jury found for Cantrell, and the presiding judge, approving the verdict, refused a new trial, and that refusal, on the ground therein laid, is assigned as error.
The questions were properly disallowed because the
effort was made to prove conviction of a crime by hearsay. The code lays down the rule in section 3874, “But the particular transactions or the opinions of single witnesses cannot be inquired of on either side, except upon cross-examination in seeking for the extent and foundation of the witness’s knowledge.” This was on cross-examination of the witness, but it was not to show the foundation or extent of his knowledge of the character of the witness impeached in a legal way. It was an effort to show the conviction of Arthur of the offence of embezzlement by
Surely this extended the liability of Cantrell to the very verge of reason and common justice. He has notes to collect for a client and finds the receipt in possession of one of his sureties. He is instructed by him to pay the money to Arthur. He knows that Arthur is turning over property other than this receipt to protect his sureties. He knows that Pulliam and Lewis are engaged in negotiations for these indemnities, and he honestly and bona fide had the right to believe that, thus engaged in this joint effort to save themselves, Pulliam, having the note, is acting for Lewis, if Lewis has an interest, as well as'himself, in directing the money paid to Arthur, and he pays it as directed, with full faith that this is the truth. Must not he have some intimation to the contrary from Lewis to be put
Taking the case altogether, we think the verdict supported by plenty of evidence, and the jury and judge being all satisfied, and finding no error of law grave and hurtful enough to do harm, to say the least, we will not disturb the verdict.
Judgment affirmed.