Bank of Wrightsville v. Merchants & Farmers Bank
Supreme Court of Georgia
Actiou on contract. Before Judge Lewis. Baldwin superior court. January 27, 1903. The Bank of Wrightsville sued the Merchants & Farmers Bank of Millegeville as guarantor, for an alleged indebtedness of George C. Smith, basing the action on a letter to the plaintiff, signed hy the defendant’s cashier and dated August 23, 1900, the material part of which was as follows: “ As Mr. George C. Smith of this city will have a cotton buyer in your city the coming season, we beg to…
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Actiou on contract. Before Judge Lewis. Baldwin superior court. January 27, 1903. The Bank of Wrightsville sued the Merchants & Farmers Bank of Millegeville as guarantor, for an alleged indebtedness of George C. Smith, basing the action on a letter to the plaintiff, signed hy the defendant’s cashier and dated August 23, 1900, the material part of which was as follows: “ As Mr. George C. Smith of this city will have a cotton buyer in your city the coming season, we beg to state that any drafts for cotton drawn by Mr. E. W. Beck with B/L attached will be promptly paid by Mr. Smith, and we will…
1Opinion of the CourtLamar, J.
If the defendant had offered evidence to show that it had paid the amount due by it under the guaranty, it would have been inadmissible, there being no plea of payment filed. But such was not the case. The evidence was offered to contradict a material contention of the plaintiff'that “said Smith has failed and refused, and continues to fail and refuse payment of said balance due.” It was not evidence in support of a plea of confession of original liability, and avoidance because of subsequent payment, but went to establish the defendant’s contention that it was not liable as guarantor,…
2Cited by2 opinions
- Rawleigh Co. v. RoyalCourt of Appeals of Georgia · 1923
- Walker v. StateCourt of Appeals of Georgia · 1939