Walters v. Odom
Supreme Court of Georgia
Evidence. Receipt. Before Judge Strozer. Dougherty Superior Court. April Term, 1874. Odom brought complaint against Walters on the following account: Jeremiah Walters “1873. To George W. Oclom, Dr. “January 1st. To services rendered as agent, superintendent dr overseer of ‘Porter place’ for the year 1872........................................$1,000 00 “ Credit.
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Evidence. Receipt. Before Judge Strozer. Dougherty Superior Court. April Term, 1874. Odom brought complaint against Walters on the following account: Jeremiah Walters “1873. To George W. Oclom, Dr. “January 1st. To services rendered as agent, superintendent dr overseer of ‘Porter place’ for the year 1872........................................$1,000 00 “ Credit. “December 12th, 1873. By casli....................$ 500 00 “Balance due..................................$ 500 00” The defendant pleaded the general issue, payment, accord and satisfaction and recoupment. The contract as set forth in…
1Opinion of the Court
McCay, Judge.
Our Code, section 3807, is plain and positive that “a receipt for money is only prima fade evidence of payment, and may be denied or explained by parol.” If this means any thing, it means that a receipt for money is an exception to the otherwise universal rule that parol evidence is inadmissible to vary or alter the terms of a valid written instrument: Code section 3800. And this is laid down in all the text books upon evidence, as the common law, so that it may be said generally, that a receipt may always be denied or explained, even though the words are plain, and though they…
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