Powell & Co. v. Subers & Massey
Supreme Court of Georgia
Evidence. Contracts. Promissory Notes. Before Judge SlMMONS. Bibb Superior Court. April Term, 1881. Powell & Company sued Subers & Massey individually and as a firm, on the following note : “Sparta, ga., December 15th, 1876. On the first day of December, 1877, we, or either of us, promise to pay L. Powell & Company, or bearer, one hundred and eighty-three dollars and sixty-five cents, with interest from January 1st, 1874. This note is given in consideration of the…
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Evidence. Contracts. Promissory Notes. Before Judge SlMMONS. Bibb Superior Court. April Term, 1881. Powell & Company sued Subers & Massey individually and as a firm, on the following note : “Sparta, ga., December 15th, 1876. On the first day of December, 1877, we, or either of us, promise to pay L. Powell & Company, or bearer, one hundred and eighty-three dollars and sixty-five cents, with interest from January 1st, 1874. This note is given in consideration of the indebtedness of S. D. Massey to L. Powell & Company, which we hereby assume. (Signed) Massey & Subers. Amos A. Subers, Orren E.…
1Opinion of the Court
Jackson, Chief Justice.
The question made is this : On a promissory note sued on by Powéll & Company with this addendum made part *450of-it: “This'note is given in consideration of, the indebtedness of S. D. Massey to L. Powell & Company, which we hereby assume," is parol evidence admissible to show the indebtedness which was assumed, that the evidence of it was a promissory note held by Powell & Company? which was to be delivered up to the makers of the note sued on, and which was not delivered up, but still retained by Powell &,Cc¡mparty ? Everybody is agréed that a new and different…
2Cases cited1 opinion
- Cook v. North & South RailroadSupreme Court of Georgia · 1873
3Cited by5 opinions
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- Talley v. MatthewsCourt of Appeals of Georgia · 1919
- Weaver v. BashoreSupreme Court of Oklahoma · 1923