ATLAS SUBSIDIARIES OF DELAWARE v. DAVIS

41002.

110 Ga. App. 765 (1964)

140 S.E.2d 62

ATLAS SUBSIDIARIES OF DELAWARE, INC. v. DAVIS.

Court of Appeals of Georgia.

Rehearing Denied December 2, 1964.


Attorney(s) appearing for the Case

Lipshutz, Macey, Zusmann & Sikes, Robert A. Elsner, for plaintiff in error.

Robert T. Efurd, Robert T. Efurd, Jr., contra.


NICHOLS, Presiding Judge.

1. Special ground numbered 2 of the plaintiff's amended motion for new trial assigns error: "Because the court, in its charge to the jury, failed to instruct the jury that it must find from the evidence adduced at the trial of the case, that at the time of the execution of said note, that the payee of said note was dealing with the defendant as a surety." Had the trial court charged as contended for by the plaintiff it would have been tantamount...

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