Reviere v. Evans
Supreme Court of Georgia
Complaint on note. Before Judge Smith. Wilcox superior court. March term, 1897. Evans sued E. L. and W. H. Reviere on a promissory note of the defendants, payable to the plaintiff, for $200 principal, dated January 1, 1895, and purporting to have been given “for value received.” It contained no further recital as to its consideration.
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Complaint on note. Before Judge Smith. Wilcox superior court. March term, 1897. Evans sued E. L. and W. H. Reviere on a promissory note of the defendants, payable to the plaintiff, for $200 principal, dated January 1, 1895, and purporting to have been given “for value received.” It contained no further recital as to its consideration. The defendants filed a plea which the plaintiff moved to strike, because it sought to vary the contract sued upon, by parol, and by attaching to it-a condition claimed to be omitted from it, without any allegation or suggestion of, fraud or mistake. Thé court…
1Opinion of the CourtLumpkin, P. J.
The headnote filed in this case requires no elaboration. It has often been held that the words “for value received,” in a promissory note, are ambiguous and open to explanation by parol. It is beyond doubt allowable for the defendant in an action upon such a note to set forth by a proper plea what was the real consideration, and allege facts showing that it failed in whole or in part. Permitting this can in no *171sense be regarded as allowing the defendant to vary by parol the terms of a valid written instrument. Taking as true the allegations of the plea, it set forth a defense to the…
2Cited by5 opinions
- Big Builder, Inc. v. EvansCourt of Appeals of Georgia · 1972
- Baggs v. FunderburkeCourt of Appeals of Georgia · 1912
- Building Associates, Inc. v. CriderCourt of Appeals of Georgia · 1977
- S. & S. Builders, Inc. v. Equitable Investment Corp.Supreme Court of Georgia · 1964
- Frick Co. v. LawsonCourt of Appeals of Georgia · 1935