Lufburrow v. Henderson
Supreme Court of Georgia
Complaint, in Chatham Superior Court. Tried before Judge Fleming, at May Term, 1859. This was an action by the defendant in error against the plaintiff in error, on three promissory notes, which he read in evidence, and closed.
Read the full summary
Complaint, in Chatham Superior Court. Tried before Judge Fleming, at May Term, 1859. This was an action by the defendant in error against the plaintiff in error, on three promissory notes, which he read in evidence, and closed. The defendant then read in evidence a paper executed by the plaintiff, acknowledging the reception of these notes, together with several others executed by the defendant at the same time, and then stated the occasion of their being given, in these words: “ Eeceived for my interest in the firm of Henderson & Lufburrow, embracing all things, in return for which I pledge…
1Opinion of the Court
By the Court.
Stephens J.,
delivering the opinion.
The only reason stated in the bill of exceptions for the rejection , of the proposed evidence, is, that the effect of it would be to alter and add to the written agreement. This •reason applies only to so much of the evidence as went to show a verbal contract apportioning to these particular three notes, as their special and peculiar consideration a certain .part of that which the writing states as the general consideration of all the notes. That part of the evidence was properly rejected, but there was another portion which went to show, not a…
2Cited by14 opinions
- Bradford & Carson v. Montgomery Furniture Co.Tennessee Supreme Court · 1905
- Grisham v. BodmanSupreme Court of Alabama · 1895
- Pitts v. AllenSupreme Court of Georgia · 1883
- Kaltoft v. NielsenSupreme Court of Iowa · 1960
- Myers v. EstellMississippi Supreme Court · 1872
9 more not listed; retrieve them via the Exa API.