104 Ga. 660 | Ga. | 1898
The Bank of the State of Georgia brought its action against Buck as maker, and Scott as indorser, upon a promissory note for $2,000, the note stating on its face that it
We think the court erred in excluding this testimony. Had it been admitted, it was sufficient to have authorized a finding that Buck was simply a surety for Scott; that the bank, for a valuable consideration and without Buck’s consent, had indulged Scott for a specified time; and that Buck had been thereby discharged from his liability. It is claimed by the defendant in error, that Buck having signed the note as maker and having been sued upon it as such, and the note stating upon its face that it was given for the purchase-money of land, parol evidence, could not be introduced to vary or change the written contract; that to show by parol that Buck was a surety only would be to violate the rule that written contracts can not be changed by parol. It is a well-known rule that parol con
For these reasons we think that the evidence offered by the defendant was admissible and that the trial judge erred in excluding it. The evidence admitted, when taken in connection with that erroneously rejected, did not demand a verdict for the plaintiff, and the direction of such verdict was error.
Judgment reversed.