11 Ga. App. 348 | Ga. Ct. App. | 1912
John Clark sued out an attachment and bad it levied upon a certain piano, which was claimed by Wilson. On the trial of the claim case, on appeal, in the superior court, the jury returned a verdict finding the property subject to the attachment. The claimant’s motion for a new trial was overruled, and he excepted. The evidence discloses that Wilson, the claimant, was
The trial judge charged the jury to the effect that if Wilson paid the note for Eoberts in good faith and with no purpose to protect Eoberts from- his creditors, but “to protect himself and get the piano as a protection against having to pay the note, then it would be Wilson’s property and not subject to the attachment,” irrespective of whether there had been an actual delivery of the property to Wilson or not; but if, on the contrary,, it was not done in good faith, but was done to protect Eoberts against his creditors, the property would be subject, and it would also be subject if the purpose of Wilson in paying the note was to hinder and delay the creditors of Eoberts. The latter part of this excerpt is excepted to on the ground that it was not authorized by the evidence. Wo think the objection is well founded. There is nothing in the evidence which' indicates any scheme or combination on the part of Wilson and Eoberts to defraud or delay the creditors of the latter. The suggestion, therefore, in this instruction, that the transaction between Wilson and Eoberts might have been in bad faith and for the purpose of benefiting Eoberts, raised an issue which was not in the case under the evidence and probably prejudiced the jury