Atlanta Nat. Bank v. Four States Grocer Co.

On Motion for Rehearing.

The judgment in appellee’s favor on account of the notes sued on was for the sum of $7,828.48. In the motion attention is called to the fact that $771.40 of that sum represented interest which accrued on the principal of the notes after the appointment of the receiver. The correctness of the judgment in this particular was challenged by a proper assignment, which was overlooked by us when the afipeal was first considered. There is nothing in the record suggesting a reason why the general rule announced by the Supreme Court in Thomas v. Western Car Co., 149 U. S. 116, 13 Sup. Ct. 824, 37 L. Ed. 663, as applicable in such cases, should not be applied here.

The motion for a rehearing, therefore, is granted. The judgment of the court below in appellee’s favor will be further reformed so as to adjudge a recovery in appellee’s fav- or on account of the notes for the sum of $7,057.08, instead of for the sum of $7,828.48, and, as so further reformed, it will be affirmed.