A review of the record indicates that sufficient evidence was presented at trial to require submission of the case to the jury. See Leachman v. Cobb Develop. Co., 229 Ga. 207 ( 190 S.E.2d 537) (1972); Nixon v. Brown, 225 Ga. 811 ( 171 S.E.2d 512) (1969); Code Ann. § 37-706. Similarly, appellants' fourth enumeration asserts that there is insufficient evidence to support the verdict.
Lane v. Newton, 145 Ga. 810 ( 89 S.E. 1083); Gardner v. Day, 182 Ga. 113, 116 ( 184 S.E. 710). Questions of fraud and bad faith are ordinarily for a jury. Bloodworth v. Bloodworth, 225 Ga. 379, 391 ( 169 S.E.2d 150); Nixon v. Brown, 225 Ga. 811, 813 ( 171 S.E.2d 512); Crowder v. Electro-Kinetics Corp., 228 Ga. 610 (2) ( 187 S.E.2d 249). 2. "The Code declares that certain specified acts of debtors shall be fraudulent in law against creditors and as to them null and void, among which acts is `Every voluntary deed or conveyance, not for a valuable consideration, made by a debtor insolvent at the time of such conveyance.' Code § 28-201 (3). This rule of law is mandatory, and is based upon the moral and legal principle that one should be just before he is generous.
Nixon v. Brown, 223 Ga. 579 ( 157 S.E.2d 20). On the second appearance of the case we again held that it was proper to deny the defendant's motion for summary judgment. Nixon v. Brown, 225 Ga. 811 ( 171 S.E.2d 512). When the case was tried by a jury, a verdict was returned for the defendant (appellee).
"Questions of fraud and bad faith are ordinarily for a jury. Bloodworth v. Bloodworth, 225 Ga. 379, 391 ( 169 S.E.2d 150); Nixon v. Brown, 225 Ga. 811, 813 ( 171 S.E.2d 512)." Crowder v. Electro-Kinetics Corp., 228 Ga. 610, 614 ( 187 S.E.2d 249).
Questions of fraud and bad faith are ordinarily for a jury. Bloodworthv. Bloodworth, 225 Ga. 379, 391 ( 169 S.E.2d 150); Nixon v. Brown, 225 Ga. 811, 813 ( 171 S.E.2d 512). The trial judge erred in granting summary judgment canceling the shares of stock issued to Crowder, since the evidence offered by the plaintiffs in support of their motion for partial summary judgment showed that there was a genuine issue of fact as to whether the shares had been properly issued.
"`Questions of fraud and bad faith are ordinarily for a jury. Bloodworth v. Bloodworth, 225 Ga. 379, 391 ( 169 S.E.2d 150); Nixon v. Brown, 225 Ga. 811, 813 ( 171 S.E.2d 512).' Crowder v. Electro-Kinetics Corp., 228 Ga. 610, 614 ( 187 S.E.2d 249).
Further, in the deposition of the defendant Lee he stated that he was indebted personally to the plaintiff for approximately $2,700. A summary judgment shall be granted only if there is no genuine issue as to any material fact and if the moving party is entitled to a judgment as a matter of law. § 56 CPA; Code Ann. § 81A-156 (Ga. L. 1966, pp. 609, 660; 1967, pp. 226, 238); Nixon v. Brown, 225 Ga. 811 ( 171 S.E.2d 512); Bloodworth v. Bloodworth, 225 Ga. 379 (4, 5) ( 169 S.E.2d 150); Connors v. City Council of Augusta, 120 Ga. App. 499 (1, 2) ( 171 S.E.2d 578). The motions for summary judgment were properly denied. Judgments affirmed, Jordan, P. J., and Quillian, J., concur.