Monk v. National Bank
Court of Appeals of Georgia
Complaint; from city court of Tifton — Judge B. Eve. January 8, 1913. The National Bank of Tifton sued Monk on a promissory note payable to Brooks and indorsed by the payee. Monk pleaded that the note sued on was given in renewal of a note which was usurious and without consideration, and that this was known to the bank when it acquired the note. On the trial the defendant admitted a prima facie case for the plaintiff and assumed the burden of proof.
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Complaint; from city court of Tifton — Judge B. Eve. January 8, 1913. The National Bank of Tifton sued Monk on a promissory note payable to Brooks and indorsed by the payee. Monk pleaded that the note sued on was given in renewal of a note which was usurious and without consideration, and that this was known to the bank when it acquired the note. On the trial the defendant admitted a prima facie case for the plaintiff and assumed the burden of proof. From the evidence it appears that the defendant executed a note-to Brooks for $1,000, due one year from date, and that the note sued on, which…
1Opinion of the CourtRussell, J.
The court did not err in the instruction of which complaint is made, nor in refusing the instruction requested. The evidence authorized the verdict, and there was no error in refusing a new trial.
Judgment affirmed.
The trial resulted in a verdict against the defendant for the amount sued for, and, on refusal of his motion for a new trial, he excepted. In addition to the usual general grounds, the motion contained the following grounds: “Because the court charged the jury in the following language: ‘If you should believe, by a preponderance of the evidence, .that J. L. Brooks and the defendant,…
2Cases cited8 opinions
- Clarke v. HavardSupreme Court of Georgia · 1900
- Fouche & Fouche v. Merchants National BankSupreme Court of Georgia · 1900
- Atlanta Consolidated Bottling Co. v. Hutchinson & SonsSupreme Court of Georgia · 1900
- Jenkins v. Southern Railway Co.Supreme Court of Georgia · 1899
- Pottle v. LoweSupreme Court of Georgia · 1896
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