Probasco v. Shaw
Supreme Court of Georgia
Complaint. Before Judge Wright. Walker superior court. December 31,1914. H. S. Probasco, as the holder of two promissory notes, instituted an action thereon against the makers.
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Complaint. Before Judge Wright. Walker superior court. December 31,1914. H. S. Probasco, as the holder of two promissory notes, instituted an action thereon against the makers. One of the notes (omitting the names of the makers and of the witnesses as to their signatures) was as follows: “$667.00 Kensington,, Ga., Jan. 12, 1907. “September 1, 1909, for value received, we jointly and severally promise to pay to Duckworth Bros., of Martinsville, Ind., or order, the sum of six hundred and sixty-seven dollars at the Bank of LaFayette, Ga., with interest at eight per cent, per annum. Interest…
1Opinion of the CourtAtkinson, J.
1. The judge permitted a witness to testify that the agent of the payees, who sold the horse and received the notes, stated to the purchasers that before he would collect the notes the horse would have to come up to the guaranty; that he did not intend to collect the notes until the horse had proved up to the guaranty.' This evidence was admitted over the objection that the notes could not be contradicted by a contemporaneous parol agreement. It will be observed that each note contained an unconditional promise to pay money. The effect of the testimony would be to contradict the terms of the…
2Cases cited8 opinions
- Shirley v. SwaffordSupreme Court of Georgia · 1903
- Brannen v. BrannenSupreme Court of Georgia · 1911
- Burch v. PopeSupreme Court of Georgia · 1901
- Shaw v. ProbascoSupreme Court of Georgia · 1913
- Dinkler v. BaerSupreme Court of Georgia · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Smith v. Standard Oil CompanySupreme Court of Georgia · 1971
- Lee v. GarlandSupreme Court of Georgia · 1951
- Redfearn v. Citizens & Southern National BankCourt of Appeals of Georgia · 1970
- Thompson v. Growers Finance Corp.Court of Appeals of Georgia · 1934
- Barringer v. Dinkler Hotels Co.Court of Appeals for the Fourth Circuit · 1932
8 more not listed; retrieve them via the Exa API.