Bartlett v. Lee
Supreme Court of Georgia
Assumpsit, in Coweta Superior Court. Tried before Judge Eeatherston, at the March Term, 1863. This was an action brought by William A. Bartlett against Sanders W. Lee, as the endorser of a promissory note, made by George A. Brown, payable to said Lee, or bearer, dated the 31st of August, 1855, due the 25th December, 1856, for $500 00, with interest from the 1st of October, 1855, and which was transferred and endorsed in blank by Lee to the plaintiff, Bartlett. ■ The…
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Assumpsit, in Coweta Superior Court. Tried before Judge Eeatherston, at the March Term, 1863. This was an action brought by William A. Bartlett against Sanders W. Lee, as the endorser of a promissory note, made by George A. Brown, payable to said Lee, or bearer, dated the 31st of August, 1855, due the 25th December, 1856, for $500 00, with interest from the 1st of October, 1855, and which was transferred and endorsed in blank by Lee to the plaintiff, Bartlett. ■ The defendant met the action by a plea that he endorsed and delivered the note sued on to the plaintiff, and the same was received…
1Opinion of the Court
By the Court. —
Jenkins, J., delivering the opinion.
The only question necessary to be considered in this case is, whether the Court below erred in overruling the plaintiff’s motion to strike out the plea of the defendant, setting up an agreement which qualified his general endorsement of the note sued on, and which qualifying agreement, the plea alleges, the plaintiff (endorsee) had violated. The motion to strike out was placed expressly “ on the ground that defend*493ant sought to prove, by parol testimony, under said plea, a contract different from that expressed by his blank (or general)…
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