Brown v. Southwest Georgia Production Credit Ass'n
Brown v. Southwest Georgia Production Credit Ass'n
Opinion of the Court
The Southwest Georgia Production Credit Association (hereinafter “the credit association”) sued Otto Brown to recover a balance of $35,055 allegedly owed on a promissory note. On appeal from the grant of the credit association’s motion for summary judgment, Brown contends that a material issue of fact exists with respect to whether the credit association released him from further liability on the note when it purchased a parcel of land he had previously owned.
The property in question was located adjacent to Brown’s former
It is evident from Ms. Murrah’s affidavit that any alleged understanding she may have had with Mr. Daniel regarding the release of Brown’s remaining liability on the note was not reduced to writing. Accordingly, it could not have survived her transfer of the property to the credit association. “[P]arol evidence is admissible to show that the true consideration of the deed is in fact different from the one stated merely by way of recital. However, one of the parties to a deed cannot, under the guise of inquiring into its consideration, engraft upon the instrument a new condition or covenant which imposes an additional affirmative obligation upon the other party.” Awtrey v. Awtrey, 225 Ga. 666, 669 (171 SE2d 126) (1969), citing Stonecypher v. Ga. Power Co., 183 Ga. 498 (3) (189 SE 13) (1936). Moreover, “[a] president or other officer of a bank is precluded . . . from making promises which will relieve the maker of a note payable to the bank from responsibility therefor. [Cit.]” Cooper v. Mercantile Nat. Bank, 137 Ga. App. 605, 608 (224 SE2d 442) (1976).
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.