Emory v. Smith
Supreme Court of Georgia
Charge of Court. Evidence. Witness. Non est factum. Before Judge James Johnson. Harris Superior Court. October Term, 1874. The note sued on was signed by the son of the testator for his father. The proof showed that the father was palsied, bed-ridden, and to a large extent imbecile. The executrix was the widow. The son denied the signature, but it was proven to be in his handwriting. He denied also any authority to sign. The consideration was shown.
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Charge of Court. Evidence. Witness. Non est factum. Before Judge James Johnson. Harris Superior Court. October Term, 1874. The note sued on was signed by the son of the testator for his father. The proof showed that the father was palsied, bed-ridden, and to a large extent imbecile. The executrix was the widow. The son denied the signature, but it was proven to be in his handwriting. He denied also any authority to sign. The consideration was shown. With this statement, the case is sufficiently presented by the above head-notes.
1Opinion of the Court
McCay, Judge.
1. We do not think it was proper for the judge to charge the jury as he did in this case. There was no evidence that the executrix knew the truth of this transaction, and' it was altogether an unfair inference which the judge authorized the jury to draw from her failure to go on the stand. It assumes that if she had made herself a witness, and told the truth, she would have shown this son had authority to make the note sued on in his father’s name. How does this appear ? She had by her sworn plea denied it, and the son denied it. Why should she go on the stand; any evidence she…
2Cited by11 opinions
- Maloy v. DixonCourt of Appeals of Georgia · 1972
- Williams v. Atlanta National BankCourt of Appeals of Georgia · 1923
- Bank of Norwood v. ChapmanCourt of Appeals of Georgia · 1917
- Farmers & Merchants Bank v. Stovall Investment Co.Court of Appeals of Georgia · 1934
- Trice v. AdamsCourt of Appeals of Georgia · 1924
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