Bing v. Bank of Kingston
Court of Appeals of Georgia
Complaint, from city court of Cartersville — George H. Aubrey, judge pro hae vice. October 26, 1908. The Bank of Kingston, for the use of the Farmers’ Gin & Warehouse Company, sued Bing on three promissory notes, and obtained verdict and judgment. The recitation of the petition is that- the. notes were given for eight shares of the capital stock of the Farmers’ Gin & Warehouse Company.
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Complaint, from city court of Cartersville — George H. Aubrey, judge pro hae vice. October 26, 1908. The Bank of Kingston, for the use of the Farmers’ Gin & Warehouse Company, sued Bing on three promissory notes, and obtained verdict and judgment. The recitation of the petition is that- the. notes were given for eight shares of the capital stock of the Farmers’ Gin & Warehouse Company. The defendant answered, that if he signed the notes, he was so drunk as to be deprived of reason when he signed them; that he received no consideration from the Bank of Kingston, and that as between him and the…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. The first special exception appearing in the record is that the court allowed a witness to testify that the notes were given for eight-shares of stock in the gin and warehouse company; the objection being that the parol testimony was incompetent to add to the terms of the notes. The notes contained no recital as to consideration, other than the general language "value received." It is elementary that the consideration of a writing may be inquired into and established by parol, where the object of the inquiry is not to contradict or vary a specific…
2Cases cited7 opinions
- Purcell v. Armour Packing Co.Court of Appeals of Georgia · 1908
- Hendrix v. Academy of MusicSupreme Court of Georgia · 1885
- Branch v. Augusta Glass WorksSupreme Court of Georgia · 1895
- Leffler Co. v. DickersonCourt of Appeals of Georgia · 1907
- Memphis Branch Railroad v. SullivanSupreme Court of Georgia · 1876
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3Cited by18 opinions
- Baggs v. FunderburkeCourt of Appeals of Georgia · 1912
- Hollingsworth v. Peoples BankSupreme Court of Georgia · 1934
- Rodgers v. Georgia Tech Athletic Ass'nCourt of Appeals of Georgia · 1983
- Ayer v. First National Bank & Trust Co.Supreme Court of Georgia · 1936
- Rosenheim Shoe Co. v. HorneCourt of Appeals of Georgia · 1912
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