Georgia Court of Appeals, 1925

Dacula Banking Co. v. Hall

Dacula Banking Co. v. Hall
Georgia Court of Appeals · Decided May 14, 1925 · Worth
34 Ga. App. 33; 128 S.E. 69; 1925 Ga. App. LEXIS 14

Dacula Banking Co. v. Hall

Opinion of the Court

Blood worth, J.

1. When all the facts of the case and the entire charge is considered, nothing in either of the two special grounds of the motion for a new trial attacking the charge requires a reversal of the judgment.

2. Under the petition in this case when supported by proper proof, the plaintiff would be authorized to recover β€œthe sum of $100 principal; with interest at 4-%% semiannually from the month of November, 1918.” The verdict was for $100 principal and $40.75 interest from September 2, 1924. The interest found is excessive by $14.50. If the plaintiff will write off this amount from the interest stated in the verdict, the'judg-' ment will be affirmed; otherwise a new trial is ordered.

Judgment affirmed on condition.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.