117 Ga. 689 | Ga. | 1903
Allen F. Bray sued Emma L. Tyson upon a promissory note for $500.00 principal, interest thereon, and attorney’s fees of -ten per cent, upon the total amount due. A copy of the note and of certain indorsements thereon was attached to the petition, from which it appeared that the note was originally made payable to the order of the Security Investment Company. The1 petition alleged that directly after the execution of the note it was for full value transferred and delivered to Isaac M. Bray, and afterwards and before maturity by the executor of his estate to Allen F. Bray, the plaintiff. Upon the note there was what purported to be a transfer of the same, without recourse, by the Security Investment .Company to Isaac M. Bray, the indorsement being signed: “ Security Investment Co. H. M. Knapp, Atty. in fact.” There was also a further indorsement, purporting to transfer the note from the estate of Isaac M. Bray to Allen F. Bray, the same being signed: “ Estate Isaac M. Bray. By Allen F. Bray, Exr.” In her answer to the plaintiff’s petition, the defendant’ did not deny the allegation of the petition that she was indebted to the plaintiff the amount of the principal and interest alleged to be due upon the note, but simply denied that she was due the attorney’s fees sued for, alleging that “the collection of the same is contrary to the law of 1895, the time when said note was executed.” She alleged that,.“ on account of insufficient information, she was,“not able to admit or deny ” the allegations of the petition as to the transfer of the note by the Security Investment Company to Isaac M. Bray and its transfer by the executor of his estate to Allen F. Bray, the plaintiff. Upon the trial of the case, the plaintiff offered the note sued on in evidence, which was admitted over the objection of the defendant, but what the objection was the record fails to disclose. There being no further evidence, the plaintiff moved the court to direct a verdict in his favor, to which motion the defendant objected and moved for the direction of a verdict in her favor. The court directed a verdict in favor of the plaintiff, and a verdict was thereupon rendered in favor of the plaintiff for the principal and interest due upon the note. The defendant excepted and brought the case here for review. The first assignment of error in ■the bill of exceptions,is, “The admission of said note as evidence over the objection of defendant.” As it nowhere appears in the record what objection was made to the introduction of the note,
In Murphy v. Teter, 56 Ind. 545, certain land had been sold
Judgment aflrmed.