110 Ga. 518 | Ga. | 1900
This was a petition for interpleader, filed in Cobb superior court by Mrs. Octavia H. Humphries against John S. Collins and Mrs. C. C. Sorrells. The petition alleged, in substance, as follows: Petitioner is in the possession of $158.55, which sum is claimed by each of the defendants. The possession was obtained as follows: Mrs. Louella Collins, wife of John S. Collins, died on July 24, 1896. Sometime before she died she came to petitioner and stated she had a package which she wanted petitioner to deliver to her mother, Mrs. C. 0. Sorrells, in case of her death. Mrs. Collins delivered to petitioner the package for that purpose. She did not state its contents. Mrs. Collins was taken sick on June 24, 1896, and died in July following. During her last illness she frequently spoke to petitioner about the package, and enjoined upon petitioner, in case of her death, to deliver the package to Mrs. Sorrells. Petitioner accepted and held the package for the purpose of making the delivery in accordance with the request of Mrs. Collins. John S. Collins claimed the money after the death of Mrs. Collins, his wife, as her sole heir at' law; and Mrs. Sorrells, the mother of Mrs. Collins, claimed it as a gift from her daughter.
The order of interpleader was granted, and the case went to trial on the issue made by the answers of the two defendants, each claiming the money as above indicated. Mrs. Humphries, the petitioner, was sworn as a witness, and testified, in substance, that Mrs. Collins delivered the package to her after she and her husband had separated in October before she died. She came to the home of witness and asked her to take charge of the package, and requested witness, if she should die without making any disposition of it, not to tell any one where it was, or what it was, but to give it to the mother of Mrs. Collins. It was discussed as to wher’e the package should be placed, and at the suggestion of witness it was put under the carpet in witness’s home. Mrs. Collins was in wretched health at the time, and had been for several years, though she was up most of the time. She never got well, but she got better. During the last illness of Mrs. Collins witness was at her home frequently, and she would repeatedly admonish witness to do what she had told her about the package. The last conversation between witness and Mrs.
At the conclusion of the testimony, which is substantially set forth above, the court below, on motion of counsel for John S. Collins, granted the following order: “ This evidence makes a close case to my mind. You have the evidence though, and I wish you would carry it up to the Supreme Court, and see what they will do with it. Therefore, I will direct a verdict.” A verdict was accordingly directed by the court in favor of John S. Collins and against Mrs. C. C. Sorrells; whereupon the latter made a motion for a new trial, which was overruled, and in her bill of exceptions she assigns error in the judgment of the court overruling her motion. Besides the general grounds, the motion for a new trial contains the further ground that the court erred in directing a verdict in favor of Collins and against movant.
Judgment reversed.