McCrary v. Caskey
Supreme Court of Georgia
Debt, from Schley county. Decision by Judge Worrill, at August Term, 1858. This was an action by Sterling J. McCrary, against Samuil Caskey, on a promissory note of which the following is a copy: “ By the 25th day of December next, I promise to S. J. McCrary, or bearer, two hundred and thirty-five dollars, for value received. This December 1st, 1852.” (Signed,) "SAMUEL CASKEY."
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Debt, from Schley county. Decision by Judge Worrill, at August Term, 1858. This was an action by Sterling J. McCrary, against Samuil Caskey, on a promissory note of which the following is a copy: “ By the 25th day of December next, I promise to S. J. McCrary, or bearer, two hundred and thirty-five dollars, for value received. This December 1st, 1852.” (Signed,) "SAMUEL CASKEY." The note was endorsed with a credit for one hundred and fifty dollars, January 17, 1853. The second Count in the declaration, set out and averred that defendant made his certain other instrument in writing, called a…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
We think, that the parol evidence was admissible to show the mistake in the time of the maturity of the note. It is conceded, that such evidence would be admissible for that purpose, if the case were in equity, and there can be no doubt, that it would. But why should we drive the plaintiff into equity,-if he can, as well, obtain redress at law. There is no reason why we should. Indeed there is a statute which says, that we shall not. It says, that in such a case, a plain*56tiff “shall not be held to proceed with the forms of equity.” That is the…
2Cited by5 opinions
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- Leffler Co. v. DickersonCourt of Appeals of Georgia · 1907
- Mansfield v. BarberSupreme Court of Georgia · 1877
- Thompson v. Hall & LongSupreme Court of Georgia · 1881
- McConnell v. HulseyCourt of Appeals of Georgia · 1915