Simonton v. Shaw
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Northern District of Georgia; William T. Newman, Judge. Action by Leslie -M. Shaw, against J. M. Simonton. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
WALKER, Circuit Judge.
This was an action by the defendant in error on a promissory note made by the plaintiff in error to one Porter and by the latter indorsed to the defendant in error. The court sustained a demurrer to and a motion to strike so much of the defendant’s answer as undertook to set up a defense to the action. This ruling is assigned as error.
It is not clear, from the averments of the answer, whether what is relied on as a defense is a parol contemporaneous agreement to which the maker and payee of the note were parties, and which was inconsistent with the obligation evidenced…
2Cases cited2 opinions
- Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
- Green v. CombsSupreme Court of Georgia · 1888
3Cited by1 opinion
- Miller v. HockleyCourt of Appeals for the Fourth Circuit · 1936