Frey v. Sessions Loan & Trust Co.
Frey v. Sessions Loan & Trust Co.
Opinion of the Court
Sessions Loan & Trust Company sued Frey on a note, and he filed a plea setting up certain alleged payments. The plaintiff admitted two of the payments, and the jury were instructed to reduce the claim accordingly. The plaintiff denied a payment of $325 and another of $125, pleaded by the defendant. The only evidence admitted in support of the plea was with refer
The ground of the motion for a new trial which complains of the rejection of the execution tendered by the defendant presents nothing for determination. The execution is not set out in full or in substance, nor is a copy attached as an exhibit, and it can not be determined from this ground of the motion or from the record when the execution was issued,' whether before or after the alleged payment, and consequently there is nothing to indicate whether the execution should or should not indicate the payments claimed by the defendant. Wynne v. State, 35 Ga. App. 666 (134 S. E. 181); Citizens Auto Co. v. State, 35 Ga. App. 166 (2) (132 S. E. 258); Clay v. Austell School District, 36 Ga. App. 354 (136 S. E. 540).
There being no evidence to indicate any payment by the defendant other than that of $125, the court did not err in restricting the jury to a determination of the issue made as to whether such payment had or had not been made.
The evidence authorized the verdict in favor of the plaintiff, and the court did not err in overruling the motion for a new trial. Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.