Darke v. Bush
Supreme Court of Georgia
Promissory notes. Contracts. Evidence. Estoppel. Homestead. Before Judge Pate. Dooly Superior Court. March Term, 1876. On March 15th, 1875, judgment by default was rendered in favor of D. C. Drake against Elijah Bush, on a promissory note of which the latter was maker and the former payee, made in 1872. Execution thereupon issued, and was levied on a certain tract of land, being the half of land lot number fifty-one, in the seventh district of said county.
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Promissory notes. Contracts. Evidence. Estoppel. Homestead. Before Judge Pate. Dooly Superior Court. March Term, 1876. On March 15th, 1875, judgment by default was rendered in favor of D. C. Drake against Elijah Bush, on a promissory note of which the latter was maker and the former payee, made in 1872. Execution thereupon issued, and was levied on a certain tract of land, being the half of land lot number fifty-one, in the seventh district of said county. Claim was interposed by Susan E. Bush, wife of defendant in fi. fa. On the trial, plaintiff introduced the note, which contained a…
1Opinion of the Court
Bleckley, Judge.
1; The judgment adjudicated the lender’s right to recover the money from the borrower on the note declared upon, but it settled nothing as to what was done or ought to have been done with the loan. The judgment was no obstacle to receiving the evidence offered to show that the loan was not applied as the note indicated it was or would be.
2. Treating that part of .the instrument as a representation, it was open to contradiction even by parol evidence, unless it came with the force of an estoppel. And on the question in issue it did not have that force, for the reason that its…
2Cited by2 opinions
- Virginia Highland Associates v. AllenCourt of Appeals of Georgia · 1985
- Evans v. Napier, Worsham & Co.Supreme Court of Georgia · 1900