Krueger v. Simmons
Court of Appeals of Georgia
Complaint; from DeKalb superior court—Judge .Smith. March 16, 1917. The action was on a promissory note in which the only recital as to consideration'was “value received.”
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Complaint; from DeKalb superior court—Judge .Smith. March 16, 1917. The action was on a promissory note in which the only recital as to consideration'was “value received.” In his answer the defendant denied indebtedness, and alleged, that a part of the consideration of the note was an agreement on the part of the plaintiff to obtain a loan of $6,500 on 73 acres of land belonging to the defendant’s wife; that it was agreed between the plaintiff and himself that the loan was to be obtained, and part of the consideration of the note was the obtaining of the loan, and it was never obtained; and…
1Opinion of the CourtLuke, J.
1. Where the only consideration expressed in a promissory note is “value received,” inquiry into the consideration, and proof of what the consideration in fact was, does not have the effect of varying an unconditional contract in writing. Either want or failure of consideration may be shown in defense to a suit on such a note, though the note be under seal. Toller v. Hewitt, 12 Ga. App. 496 (77 S. E. 650); Lacey v. Hutchinson, 5 Ga. App. 865 (64 S. E. 105); Empire Cotton Oil Co. v. Maxwell, 19 Ga. App. 493 (91 S. E. 792), and citations. If the *211note sued oil undertakes to express the…
2Cases cited19 opinions
- Hawkins v. StuddardSupreme Court of Georgia · 1909
- Pryor v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1910
- Lunsford, Maxwell & Co. v. Malsby & AverySupreme Court of Georgia · 1897
- Heitmann v. Commercial BankCourt of Appeals of Georgia · 1909
- Hansford v. FreemanSupreme Court of Georgia · 1896
14 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Roberts v. FarmerCourt of Appeals of Georgia · 1972
- Brown v. NicholsCourt of Appeals of Georgia · 1919