Capital City Bank v. Foster

HATCHER, PRESIDENT:

On June 16, 1931, the defendant executed to plaintiff a negotiable note for $2,950.00 payable ninety days from date. The note was not paid when due, and shortly afterwards, this proceeding was brought to enforce payment. The court below rendered a judgment for the defendant, without prejudice, which the plaintiff would have reversed.

Defendant was allowed below both to plead and introduce evidence of an oral agreement with an executive officer of plaintiff, made contemporaneously with the note, that defendant was to have eighteen months from June 16, 1931, in which to pay…