Barrett v. First National Bank

Court of Appeals of Georgia

Barrett v. First National Bank

87 S.E. 602, 17 Ga. App. 425, 1916 Ga. App. LEXIS 983

CourtCourt of Appeals of Georgia

DecidedJanuary 6, 1916

Docket6333

StatusPublished

This text of 87 S.E. 602 (Barrett v. First National Bank) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barrett v. First National Bank, 87 S.E. 602, 17 Ga. App. 425, 1916 Ga. App. LEXIS 983 (Ga. Ct. App. 1916).

Pincite

Opinion

Wade, J.

1. The court erred in refusing to admit certain original documentary evidence tending to show that title to the notes sued upon, or to some of them, was asserted or claimed by the original payee after their maturity.

2. The paragraph of the petition alleging notice of intention to sue, in order to bind the defendant for attorney’s fees, was expressly denied by the defendant, and, in the absence of any testimony tending to show legal and sufficient notice, the court erred in directing a verdict for 10 per cent, on the principal and interest as attorney’s fees.

3. There was sufficient evidence to take the case to the jury, and the court erred in directing a verdict in favor of the plaintiff.

Judgment reversed:

Complaint; from city court of Carrollton — Judge Beall. January 12, 1915.

J. 0. Newell, for plaintiff in error. Boykin & Bolinson, contra.

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