Brewer v. Grogan
116 Ga. 60 | Ga. | 1902
1. While the consideration of a promissory note, expressed in the words “ for value received,” is always open to inquiry, it is not competent by parol evidence to change the character of such an instrument in so far as it expresses a promise to pay.
2. Where in defense to an action upon a promissory note the defendant sets up, by way of set-off (though denominating his defense a plea of payment), open accounts against the plaintiff, which are on their face barred by the statute of limitations, it is erroneous to overrule a demurrer to such a defense, presenting the point that the same shows on its face that the defendant’s alleged cross-action is barred.
Judgment reversed.