Brewer v. Grogan
Supreme Court of Georgia
Complaint. Before Judge Proffitt. City court of Elberton. October 9, 1901. Suit was brought, April 19, 1901, on a promissory note under seal, “ for value received,” for $167.44 principal, due June 4,1884. The defendant pleadedThe note was never intended to be any evidence of a debt, but was given as a memorandum of the value of a quantity of lumber which defendant had taken from a sawmill business operated jointly by plaintiffs and defendant; and this note was to be taken in…
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Complaint. Before Judge Proffitt. City court of Elberton. October 9, 1901. Suit was brought, April 19, 1901, on a promissory note under seal, “ for value received,” for $167.44 principal, due June 4,1884. The defendant pleadedThe note was never intended to be any evidence of a debt, but was given as a memorandum of the value of a quantity of lumber which defendant had taken from a sawmill business operated jointly by plaintiffs and defendant; and this note was to be taken in tbe final settlement of said business as so much of the defendant’s half of the sawmill output. Subsequently…
1Opinion of the CourtLittle, J.
1. While the consideration of a promissory note, expressed in the words “ for value received,” is always open to inquiry, it is not competent by parol evidence to change the character of such an instrument in so far as it expresses a promise to pay.
2. Where in defense to an action upon a promissory note the defendant sets up, by way of set-off (though denominating his defense a plea of payment), open accounts against the plaintiff, which are on their face barred by the statute of limitations, it is erroneous to overrule a demurrer to such a defense, presenting the point that the same shows on…
2Cited by15 opinions
- Mobley v. Murray CountySupreme Court of Georgia · 1934
- Turpin v. North American Acceptance Corp.Court of Appeals of Georgia · 1969
- Baggs v. FunderburkeCourt of Appeals of Georgia · 1912
- Byrd & Co. v. Marietta Fertilizer Co.Supreme Court of Georgia · 1906
- Mason v. BlaytonCourt of Appeals of Georgia · 1969
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