Georgia Court of Appeals, 1924

Reynolds Banking Co. v. McGuffin

Reynolds Banking Co. v. McGuffin
Georgia Court of Appeals · Decided October 7, 1924 · Bioodworth
32 Ga. App. 765; 124 S.E. 807; 1924 Ga. App. LEXIS 642

Reynolds Banking Co. v. McGuffin

Opinion of the Court

Bioodworth, J.

This was a suit on a forthcoming bond for the value of the mule named therein; the petition alleging a breach of the bond. A verdict was directed for the plaintiff. Under the rulings in Johnson v. Stevens, 19 Ga. App. 192 (91 S. E. 220), and cases there cited, Westberry v. Hand, 19 Ga. App. 529 (2 b) (91 S. E. 930), and Georgia Northern Ry. Co. v. Battle, 22 Ga. App. 665, 666 (97 S. E. 94), the court erred in not submitting to the jury the question as to the value of the mule for which the bond was given. This error requires the grant of a new trial. Judgment reversed.

Broyles, G. J., and Luke, J., concur.

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