Legal Opinion

Lester v. Bank of Adrian

Court of Appeals of Georgia

Decided April 7, 1920No. 10912PublishedCited by 3 opinions

Complaint; from city court of Dublin-—-Judge Flynt. September 10, 1919. ' Tbe Bank of Adrian, for the use of the payees, sued the maker on the last of a series of five promissory notes. The contention that the holder of the note was a bona fide purchaser was admittedly not made. The consideration of the note was for the part purchase of a certain tract of timber described in a contemporaneous written instrument of sale.

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Complaint; from city court of Dublin-—-Judge Flynt. September 10, 1919. ' Tbe Bank of Adrian, for the use of the payees, sued the maker on the last of a series of five promissory notes. The contention that the holder of the note was a bona fide purchaser was admittedly not made. The consideration of the note was for the part purchase of a certain tract of timber described in a contemporaneous written instrument of sale. The defendant pleaded fraud in the procurement of the note, in that the plaintiff had guaranteed that the premises contained at least 200,000 feet of available timber, whereas…

1Opinion of the CourtJenkins, P. J.

1. Misrepresentations as to an existing and material fact, amounting to fraud, when made either by a principal or through his agent, whereby another is induced to enter upon an obligation in writing, may, as between the parties, be alleged and proved, if not inconsistent with the writing, not as being an attempt to add to or vary the terms of the written instrument, but as a means of showing its in*117validity. Loyless v. Hesse Envelope & Lithographing Co., 10 Ga. App. 660 (74 S. E. 90) ; Civil Code (1910), § 4623; Clark on Contracts, 2d ed.), paragraphs 227-8.

Decided April 7, 1920. Complaint;…

2Cases cited2 opinions

  1. Loyless v. Hesse Envelope & Lithographing Co.Court of Appeals of Georgia · 1912
  2. Daniel v. BursonCourt of Appeals of Georgia · 1915

3Cited by3 opinions

  1. Briesenick v. DimondCourt of Appeals of Georgia · 1925
  2. Oliver v. O'KelleyCourt of Appeals of Georgia · 1934
  3. Pressley v. JonesCourt of Appeals of Georgia · 1941

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