Union Central Life Insurance v. Wynne
Supreme Court of Georgia
Complaint on note. Before Judge Roberts. Dodge superior court. December 29, 1904.
1Opinion of the CourtITish, P. J.
1. Where a plea sets up matter which, if sustained by competent written evidence, would constitute a good defense to the action, and it does not appear from the plea itself that the defendant depends for its establishment upon parol evidence, the plea should not be stricken on general demurrer. Brown v. Drake, 101 Ga. 130; Walker v. Edmundson, 111 Ga. 454. See also Anderson v. Hilton & Dodge Lumber Company, 121 Ga. 688.
2. The terms of an absolute unconditional promissory note can not be varied by engrafting upon it a condition made by a parol contemporaneous agreement. Civil Code, §§3675 (1);…
2Cases cited3 opinions
- Anderson v. Hilton & Dodge Lumber Co.Supreme Court of Georgia · 1905
- Walker v. EdmundsonSupreme Court of Georgia · 1900
- Brown v. DrakeSupreme Court of Georgia · 1897
3Cited by1 opinion
- Jones v. LawmanCourt of Appeals of Georgia · 1937