106 Ga. 525 | Ga. | 1899
The Johnson County Savings Bank sued Byals for $116.56 principal, besides interest, alleged to be due upon a promissory note signed by the defendant, payable to the New England Jewelry and Silverware Company, indorsed by that company to the plaintiff, and due as follows: $38.82, May 10, 1896; $38.82, July 10,1896; $38.82, September 10, 1896; and $38.82, November 10,1896. The defendant pleaded total failure of consideration, alleging that the note was given for jewelry bought of the New England Jewelry and Silverware Company, which jewelry the company represented to defendant was plated with a certain amount of gold and guaranteed to wear for-years without tarnishing; that the jewelry was nothing but brass and was only slightly smoked with gold, and would become tarnished with the slightest handling; and that it was absolutely worthless and unsalable.- Defendant further pleaded that the plaintiff was not a bona fide holder of the note, but had entered into a conspiracy with the original payee, W. F. Main Company and others, for the purpose of defrauding defendant and other merchants, the scheme being for the jewelry company to sell worthless jewelry, guaranteeing it to be heavily plated and to- wear three or four years, to obtain • the notes of the purchasers and to transfer the same to plaintiff before due, in order to prevent defendant and others from pleading and proving a failure of consideration. On the trial of the case the court, at the conclusion of the evidence, directed a verdict in favor of the plaintiff for the amount sued for. To this and to the admission of certain evidence and the exclusion of certain interrogatories and the answers thereto, the defendant
Judgment reversed.