110 Ga. 582 | Ga. | 1900
Reese & Company sued Walker upon a promissory note. Walker pleaded in defense to the action an accord and satisfaction, which consisted of an agreement between the parties that, upon the delivery to the plaintiffs of certain specified papers and a given amount of money, the defendant should be discharged from all liability on the note, and that the papers had been delivered and the money paid in compliance with this agreement. At the trial the plaintiff introduced in evidence the note sued on, and the defendant introduced evidence tending to establish that an agreement had been entered into between the plaintiffs and defendant, whereby, upon the delivery to the plaintiffs of certain papers, the defendant was to be discharged from all liability on the note. It was not at all clear that the papers referred to in the evidence had all been delivered according to the terms of the agreement, and there was no evidence whatever showing that any money had been paid. The papers referred to in the evidence were of a similar character to those referred to in the plea. The jury in the city court returned a verdict in favor of the defendant. The judge of the superior court sustained a certiorari sued out by the plaintiffs,, and remanded the case to the city court for another hearing. The defendant excepted to the ruling of the judge in sustaining the certiorari, and the plaintiffs excepted to his refusal to make a final disposition of the case.
Judgmentsaffirmed.