Atlas Subsidiaries of Delaware, Inc. v. Davis

Nichols, Presiding Judge.

1. Special ground numbered 2 of the plaintiff’s amended motion for new trial assigns error: “Because the court, in its charge to the jury, failed to instruct the jury that it must find from the evidence adduced at the trial of the case, that at the time of the execution of said note, that the payee of said note was dealing with the defendant as a surety.” Had the trial court charged as contended for by the plaintiff it would have been tantamount to directing a verdict for the defendant where it was stipulated that the sole issue was whether the defendant had signed…