Finney v. Cadwallader
Supreme Court of Georgia
Recoupment. Damages. Pleadings. Demurrer. Amendment. Practice in the Superior Court. Before Judge Harris. Glynn Superior Court.
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Recoupment. Damages. Pleadings. Demurrer. Amendment. Practice in the Superior Court. Before Judge Harris. Glynn Superior Court. November Term, 1874. . Cadwallader, as trustee in bankruptcy of Dodge & Company, instituted proceedings to foreclose a mortgage executed - by Finney, to secure the payment of a promissory note made by N. S. Finney & Company, dated .June 1st, 1870, payable two years after date, to the order of Dodge & Company, for $4,000 00, bearing interest at seven per cent., upon which was a credit of $1,089 32. To the rule nisi Finney pleaded as follows: At the time of the…
1Opinion of the Court
Bleckley, Judge.
1. If part of a contract only is reduced to writing (such as a note given in pursuance of a contract,) and it is manifest that the writing was not intended to speak the whole contract, then parol evidence is admissible: Code, sections 2757, 3803. The consideration of a contract is always open to inquiry as between the original parties : 28 Georgia Reports, 165; 6 Ibid., 166. Even the consideration of a deed may be inquired into when the principles of justice require it: Code, section 2690. If the consideration, apparently good or valuable, fails either wholly or in part before…
2Cited by21 opinions
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- Hicks v. HamiltonCourt of Appeals of Georgia · 1907
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