Barco v. Taylor
Court of Appeals of Georgia
Complaint, from city court of Bainbridge — Judge HarrelL October 29, 1908. Barco sued White as principal and Taylor as surety, upon a promissory note for $450. The note was signed by J. W. White, and underneath his name was that of the defendant Taylor. No service was had as to White, but service was perfected on Taylor..
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Complaint, from city court of Bainbridge — Judge HarrelL October 29, 1908. Barco sued White as principal and Taylor as surety, upon a promissory note for $450. The note was signed by J. W. White, and underneath his name was that of the defendant Taylor. No service was had as to White, but service was perfected on Taylor.. Taylor filed a plea in which he denied signing the note either as. principal or joint principal or as suretjr, and alleged that he signed solely as a witness to the signature of White; also that he was induced by fraud to sign the note, which fraud was participated in. by…
1Opinion of the CourtRussell, J.
(After stating the foregoing facts.)
1. We find no error in the judgment of the lower court. It is insisted by counsel for plaintiff in error that the parol testimony as to the circumstances under which Taylor signed the note in question tended to vary the terms of the written contract, and that the admission of this testimony is clearly error, under the decision of this court in Branan v. Warfield, 3 Ga. App. 586 (60 S. E. 325). The decision in Hollingshead v. American National Bank, 104 Ga. 250 (30 S. E. 728), is also relied upon to sustain this contention. As we view it, there is a wide…
2Cases cited4 opinions
- Jossey v. Georgia Southern & Florida Railway Co.Supreme Court of Georgia · 1899
- Branan v. LeeCourt of Appeals of Georgia · 1908
- Hollingshead v. American National BankSupreme Court of Georgia · 1898
- Little Rock Cooperage Co. v. HodgeSupreme Court of Georgia · 1899
3Cited by8 opinions
- Holland v. StateCourt of Appeals of Georgia · 1915
- Saul v. Southern Seating & Cabinet Co.Court of Appeals of Georgia · 1909
- Thomas v. State of GeorgiaCourt of Appeals of Georgia · 1957
- Duncan v. StateCourt of Appeals of Georgia · 1938
- Hartwell Grocery Co. v. Mountain City Mill Co.Court of Appeals of Georgia · 1911
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