Kramer v. Johnson

Hall, Presiding Judge.

1. Plaintiff contends that Palmer’s affidavit should have been stricken as it deals with transactions concerning a deceased person, contrary to Code § 38-1603 (1). This is a valid objection to the admission of this evidence. However, the trial, judge has certified that he did not consider the affidavit in ruling upon plaintiff’s motion.

2. Plaintiff contends that as a matter of law defendants are personally liable on the note and that it is error to admit any evidence varying its terms. She cites cases dealing with undisclosed principals and also Code Ann. § 109A-3—403:…