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· 12/4/1992

Devin Lamplighter, Ltd. v. American General Finance, Inc.

Citations

  • 426 S.E.2d 645
  • 206 Ga. App. 747
  • 93 Fulton County D. Rep. 41
  • 1992 Ga. App. LEXIS 1789

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that creditor was not seeking a deficiency as to the debt secured by the deed foreclosed upon, where “there [were] two separate debts, evidenced by two separate notes and secured by two separate security deeds”
  • concluding that creditor was not seeking a deficiency as to the debt secured by the deed foreclosed upon, where “there [were] two separate debts, evidenced by two separate notes and secured by two separate security deeds”
  • defining promissory note as “[a] promise or engagement, in writing, to pay a specified sum at a time therein limited, or on demand, or at sight, to a person therein named, or to his order, or bearer”
  • parol evidence rule prohibits parties from introducing evidence of an alleged oral promise which, if proven, would contradict the terms of a promissory note
  • “promissory note is an unconditional contract whereby the maker engages that he will pay the instrument according to its tenor”
  • parol evidence will not be used to impose conditions which are not apparent from the face of a note showing an unconditional promise

Source: CourtListener parenthetical corpus (CC0).

Judges: Johnson, Carley, Pope

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.