Baxley v. Dyal

Court of Appeals of Georgia

Baxley v. Dyal

124 S.E. 807, 32 Ga. App. 764, 1924 Ga. App. LEXIS 640

CourtCourt of Appeals of Georgia

DecidedOctober 7, 1924

Docket15582

StatusPublished

This text of 124 S.E. 807 (Baxley v. Dyal) 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

Baxley v. Dyal, 124 S.E. 807, 32 Ga. App. 764, 1924 Ga. App. LEXIS 640 (Ga. Ct. App. 1924).

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Opinions

Per Curiam.

Dyal sued Baxley upon a promissory note which he alleged he had purchased from another. Baxley admitted in his plea that he had executed the note, but denied that it had been purchased before maturity by Dyal, and pleaded that he had paid it to the original payee before its purchase by Dyal. There being some evidence supporting this plea, the question should have been submitted to a jury, and the court erred in directing a verdict for the plaintiff.

Judgment reversed.

Broyles, G. J., and Bloodworth, J., concur.

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Per Curiam.

Dyal sued Baxley upon a promissory note which he alleged he had purchased from another. Baxley admitted in his plea that he had executed the note, but denied that it had been purchased before maturity by Dyal, and pleaded that he had paid it to the original payee before its purchase by Dyal. There being some evidence supporting this plea, the question should have been submitted to a jury, and the court erred in directing a verdict for the plaintiff.

Judgment reversed.

Broyles, G. J., and Bloodworth, J., concur.

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Bluebook (online)

124 S.E. 807, 32 Ga. App. 764, 1924 Ga. App. LEXIS 640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baxley-v-dyal-gactapp-1924.