Pendergrass Banking Co. v. Murphy & Sons

The evidence in this case conclusively established a settlement of the pending litigation before the trial. • Besides other evidence to the general effect, the plaintiff’s vice-president testified without dispute or objection with reference to the controversy involved in the suit: “I went out there and made settlement,” stating the terms. The plaintiff accepted and held the proceeds with knowledge of the facts. See Tyler Cotton Press Co. v. Chevalier, 56 Ga. 494 (5); Riley & Co. v. London Guaranty & Accident Co., 27 Ga. App. 686 (1 a) (109 S. E. 676). The verdict found for the defendant being…