Sanders v. Nicolson
Supreme Court of Georgia
Complaint on note. Before Judge Norwood. City court of Savannah. November term, 1896. On January 20, 1896, suit was brought upon a promissory note-.dated March 25, 1893, due three years after date, for -$600, with interest at eight per cent, per annum, payable every first of July and January.
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Complaint on note. Before Judge Norwood. City court of Savannah. November term, 1896. On January 20, 1896, suit was brought upon a promissory note-.dated March 25, 1893, due three years after date, for -$600, with interest at eight per cent, per annum, payable every first of July and January. To secure the payment of this note defendant gave to the plaintiff a deed of the same date, conveying certain realty in Savannah, and covenanting that in case of failure to pay interest for ten days after it should become due, the plaintiff might demand payment of the entire sum, principal, interest and…
1Opinion of the CourtAtkinson, J.
The propositions stated in the first two head-notes require no elaboration. The charge excepted to, as set out in the third headnote, is a clear expression of an opinion upon the weight of evidence. It determines judicially a question of fact which should have been left to the jury; and whether that fact was properly determined or not by the judge, this court, according to the provisions of section 4334 of the Civil Code, is without discretion to withhold a judgment reversing a refusal to grant a new trial upon an exception based upon this instruction to the jury.
Judgment reversed.
All the…
2Cited by27 opinions
- Bank of Lumpkin v. Farmers State BankSupreme Court of Georgia · 1926
- Thompson v. StateSupreme Court of Georgia · 1948
- Benefield v. BenefieldSupreme Court of Georgia · 1968
- Potter v. StateSupreme Court of Georgia · 1903
- Weiner v. SwalesCourt of Appeals of Maryland · 1958
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