54 Ga. 174 | Ga. | 1875
This was an action brought by the plaintiffs against the defendants, as administrators of William Gr. Brown, deceased, on two promissory notes made by their intestate, dated 23d March, 1870, due 1st November, 1870, payable to the plaintiffs, one for $11,038 76, the other for $3,050 10, specifying in the body of each note for value received, being for fertilizers and plantation supplies furnished. The defendants pleaded that the notes were paid off by shipments of cotton made to the plaintiffs. The plaintiffs were the factors and commission merchants of the defendants’ intestate, and had a running account with him, and the main question on the trial was whether the proceeds of the cotton forwarded to the plaintiffs by him had been properly applied by them in payment of their open accounts, or whether the same should have been applied to the payment of the notes sued on, and thereby have extinguished them. On the trial of the case, the jury found a verdict for the defendants. A motion was made for a new trial on the ground that the verdict was contrary to law, contrary to the evidence, and because the court erred in ruling out the testimony of Stubbs, one of the plaintiffs, the intestate being dead, and this being a suit against his administrators. The court granted a new trial, giving as a reason therefor that it committed error in ruling out the testimony of Stubbs, whereupon the defendants excepted.
Let the judgment of the court below be affirmed.