Reviere v. Evans

Court: Supreme Court of Georgia
Date filed: 1897-11-30
Citations: 103 Ga. 169
Copy Citations
3 Citing Cases
Lead Opinion
Lumpkin, P. J.

The headnote filed in this case requires no elaboration. It has often been held that the words “for value received,” in a promissory note, are ambiguous and open to explanation by parol. It is beyond doubt allowable for the defendant in an action upon such a note to set forth by a proper plea what was the real consideration, and allege facts showing that it failed in whole or in part. Permitting this can in no

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sense be regarded as allowing the defendant to vary by parol the terms of a valid written instrument. Taking as true the allegations of the plea, it set forth a defense to the plaintiff’s action, and it was therefore error to strike it on the ground^ specified, viz.: “that it sought by parol to vary the contract sued on and add to its terms a condition not therein expressed.”

Judgment reversed.

All the Justices concurring.