DocketNumber: 19196
Citation Numbers: 40 Ga. App. 289
Judges: Stephens
Filed Date: 8/24/1929
Status: Precedential
Modified Date: 1/12/2023
1. Where property was damaged in the commission of a felony, and the owner accepted promissory notes in settlement of the damage and thereby released the one suspected of the crime from any civil liability for the damage done, and no settlement of the criminal offense was attempted, although afterwards the owner failed to institute a criminal prosecution against the offender, but where the failure to prosecute was not a part of the consideration, the transaction did not amount to a compounding of a crime, but amounted only to a satisfaction of the civil wrong which grew out of the perpetration of the criminal act. Civil Code (1910), § 4491; Wheaton v. Ansley, 71 Ga. 35; Jones v. Dannenberg Co., 112 Ga. 426 (37 S. E. 729, 52 L. R. A. 271) ; McConnell v. Cherokee National Bank, 18 Ga. App. 52 (88 S. E. 824).
2. In a suit upon promissory notes, where the defendants pleaded that the notes were given for the purpose of compounding and settling a prosecution for burglary, which is a felony, and there was evidence from which the jury could infer that the notes were given solely in settlement of damage to the property of the plaintiff, and that there was no attempt or agreement to settle the criminal prosecution, the verdict found for the plaintiff was authorized.
3. Where, in the petition in a suit on promissory notes, the plaintiff, in one paragraph, alleged that on a certain date the defendants executed a certain number of notes, each in a certain principal sum, payable to the plaintiff on certain dates and bearing interest after maturity, and ■ where, in another paragraph of the petition, the plaintiff alleged that attached to the petition was a copy of one of the notes, which it was alleged was in the same form as all the other notes, and where it appeared from an exhibit attached to the petition that the notes pro
4. No error appears, and the verdict found for the plaintiff was authorized.
Judgment affirmed.