Seaboard Finance Company
v.
Short

Court of Appeals of GeorgiaFeb 16, 1970
121 Ga. App. 195 (Ga. Ct. App. 1970)
121 Ga. App. 195173 S.E.2d 224

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44958.

SUBMITTED JANUARY 5, 1970.

DECIDED FEBRUARY 16, 1970.

Action on note. Fulton Civil Court. Before Judge Camp.

J. Sidney Lanier, for appellant.

James W. Hawkins, for appellee.


The appellant filed a claim against the appellee, Mrs. Janet Short, on a note. The case was tried before the trial judge without intervention of a jury. At the conclusion of the testimony the court found for the defendant on the basis that Mrs. Short had signed the note as surety for her husband and that the proceeds of the note were used to pay the debts of her husband. The appellant appealed and the case is here for review. Held:

The issue in the case sub judice was whether or not the defendant had signed the note as surety for her husband. See Jenkins v. Tastee-Freez of Ga., Inc., 114 Ga. App. 849 ( 152 S.E.2d 909); Cohen v. Gotlieb, 108 Ga. App. 122 ( 132 S.E.2d 93); Atlas Subsidiaries of Delaware, Inc. v. Davis, 110 Ga. App. 765 ( 140 S.E.2d 62) ; Hefner v. Hall, 223 Ga. 148, 150 ( 154 S.E.2d 197). Where the only question for determination requires a consideration of the evidence and where, as in the present case, no transcript of the evidence is contained in the record, the judgment of the trial court must be affirmed. Seaton v. Redisco, Inc., 115 Ga. App. 80 ( 153 S.E.2d 728) ; Liberty Loan c. Corp. v. Meeks, 115 Ga. App. 846 ( 156 S.E.2d 172) ; Davis v. State, 117 Ga. App. 359, 360 ( 160 S.E.2d 670).

Judgment affirmed. Bell, C. J., and Whitman, J., concur.

SUBMITTED JANUARY 5, 1970 — DECIDED FEBRUARY 16, 1970.