Legal Opinion

Johnson v. Hart

Supreme Court of Georgia

Decided July 31, 1889PublishedCited by 1 opinion

Heeds. Contracts. "Witness. Attorney and client. Before Judge Lumpkin. Warren superior court. October term, 1888. William and Absalom Hart brought an action of complaint against- C. L. Johnson and W. R. H. Johnson on a promissory note, which contained a mortgage clause conveying certain land to secure it.

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Heeds. Contracts. "Witness. Attorney and client. Before Judge Lumpkin. Warren superior court. October term, 1888. William and Absalom Hart brought an action of complaint against- C. L. Johnson and W. R. H. Johnson on a promissory note, which contained a mortgage clause conveying certain land to secure it. Defence was made by plea of the general issue, and an equitable plea in substance as follows: Certain lands, the purported consideration of the note, were put up and exposed for sale by the sheriff under a mortgage^, fa. in favor of Samuel Hart against V. A. Abbott. C. L. Johnson’s wife…

1Opinion of the Court

Bleckley, Chief Justice.

The note sued upon was under seal, purported to be for value received, and was absolute in its terms. The court ruled that one of the makers was an incompetent witness to prove a parol condition agreed upon between the makers and the attorney of the payees, to whom the note was delivered, that condition being to the effect that unless the payees did certain things, the note was not to be delivered to them by their attorney, but was to be returned to the makers. The ground on which the witness was ruled incompetent was, that the attorney was dead. This ruling is within…

2Cases cited3 opinions

  1. Parish v. Weed Sewing Machine Co.Supreme Court of Georgia · 1887
  2. Odom v. GillSupreme Court of Georgia · 1877
  3. Langford v. Commissioners of Wilkinson CountySupreme Court of Georgia · 1886

3Cited by1 opinion

  1. Edwards v. WardCourt of Appeals of Georgia · 1928

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