McDaniel v. Walker
Supreme Court of Georgia
Complaint, from DeKalb Superior Court. Tried before Judge Bull, April Term, 1859. This was an action originally by Walker, as bearer, against John H. Morris, principal, arid Henry W. McDaniel, security, on twelve promissory notes, each for thirty dollars, dated 31st February, 1853, and due 35th December, thereafter. There was a verdict for plaintiff at common law, and the ■security, McDaniel, appealed.
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Complaint, from DeKalb Superior Court. Tried before Judge Bull, April Term, 1859. This was an action originally by Walker, as bearer, against John H. Morris, principal, arid Henry W. McDaniel, security, on twelve promissory notes, each for thirty dollars, dated 31st February, 1853, and due 35th December, thereafter. There was a verdict for plaintiff at common law, and the ■security, McDaniel, appealed. The defence relied on by the security was, that plaintiff had given indulgence, and extended the time of payment of said notes, in consideration of an extra per cent, or usury paid by the…
1Opinion of the Court
— Stephens J.
By the Court.
delivering the opinion.
There are three assignments of error in this case.
[1.] That the Court erred in giving the jury any charge at all upon the credibility of the witness, Morris, because he was not impeached either by another witness, or any contradictory statement of his own; and so there was no evidence authorizing a charge on that point. This assumes that the credibility of a witness can be effected only in the two modes stated — an assumption which can not be sustained. On the contrary, it may be affected and broken down in many ways. One reason for…
2Cited by1 opinion
- Cole v. StateCourt of Appeals of Georgia · 1909