Stewart v. Hardin
Court of Appeals of Georgia
Complaint; from Jones superior court—Judge Park. June 7, 1919. The defendant in his answer admitted the execution of the note sued on, and pleaded that the note “was given through a fraud perpetrated upon him by James Stewart as agent for F. M. Stewart (the plaintiff), as follows:" In February, 1915, defendant sold to A. T. Small a certain tract of land in Jones county, which defendant had rented to Jaque Marsh, and Marsh’s rent note for the place for that year, which…
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Complaint; from Jones superior court—Judge Park. June 7, 1919. The defendant in his answer admitted the execution of the note sued on, and pleaded that the note “was given through a fraud perpetrated upon him by James Stewart as agent for F. M. Stewart (the plaintiff), as follows:" In February, 1915, defendant sold to A. T. Small a certain tract of land in Jones county, which defendant had rented to Jaque Marsh, and Marsh’s rent note for the place for that year, which defendant held, was turned over to Small. Subsequently James Stewart came to defendant with a note in his hands which he…
1Opinion of the CourtJenkins, P. J.
1. The plea of the defendant, in so far as it seeks to set up the fraudulent procurement of the note as a defense, fails to conform to the requirements of law. Hanes v. Farmers &c. Bank, 20 Ga. App. 129 (92 S. E. 896); Tinsley v. Gullett Gin Co., 21 Ga. App. 512 (2), 516 (94 S. E. 892). The note as signed by the defendant *612must therefore be taken just as if it had been written and signed with his own hand, and the promise as made knowingly entered upon. Not being permitted to deny the promise, he can not alter or change by parol any of its written terms. Lynchburg Shoe Co. v. Daniel, 23 Ga.…
2Cases cited19 opinions
- Tinsley v. Gullett Gin Co.Court of Appeals of Georgia · 1917
- Rheney v. AndersonCourt of Appeals of Georgia · 1918
- Clegg-Ray Co v. Indiana Scale & Truck Co.Supreme Court of Georgia · 1906
- Mackin v. BlalockSupreme Court of Georgia · 1909
- Simmons v. International Harvester Co. of AmericaCourt of Appeals of Georgia · 1918
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3Cited by5 opinions
- Littlegreen v. GardnerSupreme Court of Georgia · 1951
- Hall v. BeaversCourt of Appeals of Georgia · 1949
- LeBron v. StewartCourt of Appeals of Georgia · 1921
- Spells v. Swift & Co.Court of Appeals of Georgia · 1925
- Knight Co. v. CalhounCourt of Appeals of Georgia · 1924