Reuben v. Trust Co. Bank

Court of Appeals of Georgia

Reuben v. Trust Co. Bank

262 S.E.2d 537, 152 Ga. App. 201, 1979 Ga. App. LEXIS 2866

CourtCourt of Appeals of Georgia

DecidedNovember 2, 1979

Docket58752

StatusPublished

Cited by1 cases

This text of 262 S.E.2d 537 (Reuben v. Trust Co. Bank) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reuben v. Trust Co. Bank, 262 S.E.2d 537, 152 Ga. App. 201, 1979 Ga. App. LEXIS 2866 (Ga. Ct. App. 1979).

Pincite

Opinion

Banke, Judge.

The defendant appeals a summary judgment entered in favor of the plaintiff in a suit on a promissory note. He contends that a fact issue remains as to whether the plaintiff had agreed orally not to collect the principal amount owing on the note until the defendant was "in a stable financial condition.” Held:

A promissory note consists of an unconditional promise to pay, and parol evidence may not be used to impose conditions not apparent on the face of the note. Whiteside v. Douglas County Bank, 145 Ga. App. 775 (2) (245 SE2d 2) (1978). The defendant’s reliance on Haraka v. Datry, 148 Ga. App. 642 (252 SE2d 71) (1979), is misplaced. That case involved the existence of a condition precedent to the existence of the debt itself. No such issue is present in this case.

Judgment affirmed.

McMurray, P. J., and Underwood, J., concur.

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