120 Ga. 373 | Ga. | 1904
Laura M. Sadler instituted a suit against Isham A. Teasley to recover certain funds which she alleged had been entrusted to him as a confidential steward or factor, for the purpose of collecting, investing, and taking care of the same for her benefit, and for which she had made demand upon him, but which he had refused to pay over to her. The defendant pleaded that the funds were not delivered to him as a steward or confidential agent, but were given to him as a loanthat the statute of limitations had attached, and that he was not indebted. Pending the suit the plaintiff died, and her administrators were made parties to the case. The jury returned a verdict in their favor, and Teasley made a motion for a new trial, to the overruling of which exception is taken. After the motion for a new trial was made the defendant died, and his executors were made parties in his stead. The case has been tried twice, resulting each time in a verdict against the defendant. A brief of the pleadings appears in the case in 110 Ga. 497, and reference to that case will disclose the contentions of the parties as made by the pleadings.
6. Plaintiffs in error contend that the verdict was contrary to designated portions of the charge, and also contrary to law and the evidence. The verdict was for $1,985 principal and $2,983 interest. The amount of principal can be definitely arrived at from the evidence, and the finding of the jury as to the amount of principal due was fully warranted by the evidence. We are unable to ascertain from the record by what process the jury arrived at the amount allowed for interest. It seems to be excessive. The
Judgment affirmed on condition.