Legal Opinion

Matheson v. Jones

Supreme Court of Georgia

Decided May 15, 1860PublishedCited by 8 opinions

Complaint, in Pulaski Superior Court. Tried before the Honorable A. H. Hansell, at April Term, 1860. This was an action by Lewis Jones, bearer, against Darius R. Mathewson, Thomas D. L. Ryan and John H. Oakley, on the following promissory note : “ $2,010 00. “ By the 25th day of December next, we, or either of us, promise to pay Charles E. Clark, or bearer, two thousand and ten dollars, with interest from date. Value received.

Read the full summary

Complaint, in Pulaski Superior Court. Tried before the Honorable A. H. Hansell, at April Term, 1860. This was an action by Lewis Jones, bearer, against Darius R. Mathewson, Thomas D. L. Ryan and John H. Oakley, on the following promissory note : “ $2,010 00. “ By the 25th day of December next, we, or either of us, promise to pay Charles E. Clark, or bearer, two thousand and ten dollars, with interest from date. Value received. “ February 13th, 1858. (Signed) . “D. R. Matheson, “Thomas D.- L. Ryan, * “J. Henry Oakley.” With the following credit endorsed: “ Eeceived, December 14th, 1858, of Dr.…

1Opinion of the Court

By the Court

Lumpkin, J.,

delivering the opinion.

We do not think the rule which excludes parol testimony from adding to a written contract applicable to this case. The payee of the note, to induce Darius E. Mathewson to sign the note sued on, assures him, as the plea states, that he had in his hands four hundred and fifty dollars, which would be coming to Thomas D. L. Eyan, the principal in the note, upon the settlement of their medical copartnership, which amount should be credited upon the note, and that upon this representation he acceded to the contract; all of *308which was well known to Lewis…

2Cited by8 opinions

  1. Trust Investment & Development Co. v. First Georgia BankSupreme Court of Georgia · 1977
  2. Redfearn v. Citizens & Southern National BankCourt of Appeals of Georgia · 1970
  3. State Ex Rel. King v. FriarSupreme Court of Oklahoma · 1933
  4. Smith v. FreylerMontana Supreme Court · 1882
  5. Underwood v. Bass & HeardCourt of Appeals of Georgia · 1907

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API