Allen v. Owen ( 1939 )

Stephens, P. J.,

dissenting. The defendant’s plea sets up a contemporaneous parol agreement, without consideration, by which he is relieved of his obligation expressed in the note, which is an unconditional promise by the defendant to pay to the plaintiff the money which the defendant received from the plaintiff. The plea fails to set out a defense to the note. See Hirsch v. Oliver, 91 Ga. 554 (2), and Dunson v. Smith, 26 Ga. App. 585 (3), supra. I am of the opinion that the court did not err in striking the defendant’s plea, and in causing a verdict and judgment for the plaintiff to be rendered. I therefore dissent from the judgment of reversal.