Dunagan v. Dunagan
Supreme Court of Georgia
Parol evidence. Motion for new trial. Before Judge Davis. Hall Superior Court. September Term, 1868. In October, 1837, Benjamin Dunagan gave bond as the administrator of the estate of Ezekiel Dunagan, deceased, with Isaiah Dunagan, James J. McCleskey and David G. Eberhart, as his securities.
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Parol evidence. Motion for new trial. Before Judge Davis. Hall Superior Court. September Term, 1868. In October, 1837, Benjamin Dunagan gave bond as the administrator of the estate of Ezekiel Dunagan, deceased, with Isaiah Dunagan, James J. McCleskey and David G. Eberhart, as his securities. McCleskey, as guardian of Stephen R., Daniel C., Levi J., and George ~W. Dunagan, minor heirs and distributees of said estate, filed a bill for account against said administrator and, on the 22d of March, 1849, obtained a verdict for his wards, as follows: $205 37 for said Stephen, and $383 00 for each of…
1Opinion of the CourtMcCay, J.
1. A receipt for money is, as a general rule, an exception to the principle that parol evidence is inadmissible to explain or contradict a writing, (Code, section 3754; 1 Kelly, 18; 3 Kelly, 215.) Unless it also be a contract, Sullivan vs. Cox, 7 Ga., 144. This is a receipt for money, and under the rule, we do not think the defendant was concluded, by the fact that he accepted it, from showing in the first place, the independent fact that the signer of the receipt was the owner of part of another share, and secondly, that the five hundred dollars was in full of that share also. Why does not…
2Cases cited2 opinions
- Cox v. SullivanSupreme Court of Georgia · 1849
- Bradwell v. SpencerSupreme Court of Georgia · 1855
3Cited by6 opinions
- Escambia Chemical Corp. v. RockerCourt of Appeals of Georgia · 1971
- Millender v. LooperCourt of Appeals of Georgia · 1950
- Eastmore v. BunkleySupreme Court of Georgia · 1901
- Oliver v. HeadCourt of Appeals of Georgia · 1939
- Clark v. StateSupreme Court of Georgia · 1882
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