· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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