Citizens & Southern Bank v. Swain

I respectfully dissent and would affirm. The evidence in question *884is not conclusively inadmissible as a matter of law, so that deference should be given to the trial court’s ruling which would allow the hearsay evidence.

The two criteria of necessity and trustworthiness, initially articulated in Chrysler Motors Corp. v. Davis, 226 Ga. 221, 224 (1) (173 SE2d 691) (1970), are reiterated and applied in Irby v. Brooks, 246 Ga. 794, 795 (I) (273 SE2d 183) (1980), despite the interim pronouncements in Fountain v. Cabe, 242 Ga. 787, 789 (3) (251 SE2d 529) (1979), and Jaakkola v. Doren, 244 Ga. 530,…