Reuben v. Trust Company Bank

Full title: REUBEN v. TRUST COMPANY BANK

Court: Court of Appeals of Georgia

Date published: Nov 2, 1979

262 S.E.2d 469 (Ga. Ct. App. 1979)

152 Ga. App. 201

Opinion

58752.

SUBMITTED OCTOBER 16, 1979.

DECIDED NOVEMBER 2, 1979.

Default of promissory note. Fulton State Court. Before Judge Camp.

Edwin J. Reuben, pro se. James H. Mobley, Jr., David D. Rawlins, for appellee.

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 S.E.2d 2) (1978). The defendant's reliance on Haraka v. Datry, 148 Ga. App. 642 ( 252 S.E.2d 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.

BANKE, Judge.

SUBMITTED OCTOBER 16, 1979 — DECIDED NOVEMBER 2, 1979.