Ray v. Morgan

• Citation: 112 Ga. 923,38 S.E. 335
• Parties: RAY . v. MORGAN.
• Decision Date: 01 March 1901
• Court: Supreme Court of Georgia

38 S.E. 335

112 Ga. 923

RAY .

v.MORGAN.

Supreme Court of Georgia.

March 1, 1901.

DRAFT—ACCEPTANCE—ERROR—REVIEW.

1. The unconditional acceptance of a draft by the drawee thereof renders him liable to the payee, whether the former, at the time of accepting the paper, did or did not have in his hands funds of the drawer. Applying this rule to the evidence in the present case, the plaintiff showed a prima facie right to recover, and accordingly there was no error in refusing to grant a nonsuit.

2. As there was no motion for a new trial, and it plainly appears that none of the charges excepted to necessarily controlled the verdict against the plaintiff in error, these charges, even if for any reason inapplicable or erroneous, afford no cause for reversing the judgment of the court below. Steamship Co. v. Hamilton. 38 S. E. 204. 112 Ga, 901. See Smith v. Smith, 37 S. E. 407, 112 Ga. 351.

(Syllabus by the Court.)

Error from superior court. Bibb county; W. H. Felton, Jr., Judge.

Action, by Emma J. Morgan against B. H. Ray. Judgment for plaintiff, and defendant brings error. Affirmed.

M. G. Bayne, for plaintiff in error.

A. L. Dasher and B. J. Dasher, for defendant in error.

PER CURIAM. Judgment affirmed, SIMMONS, C. J., disqualified.