Ponder v. Walker

1. One ground of the motion for a new trial was based upon newly discovered evidence. The vital question in the case was whether the defendants had paid the plaintiff the sum of $550 as a credit on one of the notes sued on. Ponder, one of the defendants, testified that the plaintiff, Walker, was in Forsyth on January 9, 1894, and that on that day he paid him the $550, partly in two checks and the balance in money. Newton, cashier of the bank in Forsyth upon which the checks were drawn, testified that he paid the checks to the plaintiff, at such bank, on January 9, 1894. Walker, the plaintiff,…