Curtis v. First Nat. Bank

19 Citing cases

  1. Rainey v. Gafvt Motors, Inc.

    269 Ga. App. 479 (Ga. Ct. App. 2004)   Cited 5 times
    Holding the same in a fraud context

    (Citation omitted.) Curtis v. First Nat. Bank of Commerce, 158 Ga. App. 379, 381 (1) ( 280 SE2d 404) (1981). "The law does not afford relief to one who suffers by not using the ordinary means of information, whether the neglect is due to indifference or credulity."

  2. Weintraub v. Cobb Bank Trust Company

    249 Ga. 148 (Ga. 1982)   Cited 11 times
    Affirming exclusion of parol evidence of an alleged oral agreement to vary the terms of a written agreement

    See also Peagler v. Huey, 183 Ga. 677 (5) ( 188 S.E. 906) (1936): "Evidence that at the time the maker signed the note it was distinctly understood that the maker would not have to pay the note is not permitted to compete with the written contents of the note which fails to contain the alleged stipulations." See Dendy v. Gamble Copeland, 59 Ga. 434 (1877); Byrd Co. v. Marietta Fertilizer Co., 127 Ga. 30 ( 56 S.E. 86) (1906); Cobb Bank Trust Co. v. Henry, 246 Ga. 225, 227 ( 271 S.E.2d 444) (1980); Curtis v. First Nat. Bank, 158 Ga. App. 379, 381 ( 280 S.E.2d 404) (1981). Weintraub's evidence, proffered to establish an alleged oral agreement that he was not to be obligated on the note, must be excluded.

  3. Canales v. Wilson Southland Insurance Agency

    261 Ga. App. 529 (Ga. Ct. App. 2003)   Cited 24 times
    Referring to "a long line of cases holding that a party to a contractโ€”including an insurance contractโ€”must read the contract"

    (Citations omitted.) Martin v. Alford, 214 Ga. 4, 7(1) ( 102 S.E.2d 598) (1958); see also, e.g., Results Oriented v. Crawford, 245 Ga. App. 432, 438-439(1)(b) ( 538 S.E.2d 73) (2000), aff'd Crawford v. Results Oriented, 273 Ga. 884 ( 548 S.E.2d 342) (2001); Life Ins. Co. of Virginia v. Conley, 181 Ga. App. 152, 153 ( 351 S.E.2d 498) (1986); Curtis v. First Nat. Bank of Commerce, 158 Ga. App. 379, 381 ( 280 S.E.2d 404) (1981).Life Ins. Co. of Virginia, supra.

  4. Hyde v. Acceleration Life Insurance

    438 S.E.2d 385 (Ga. Ct. App. 1993)   Cited 3 times

    Parris Son v. Campbell, 128 Ga. App. 165, 168 ( 196 S.E.2d 334). A party to a contract who can read, must read or show a legal excuse for not doing so, and ordinarily if fraud is an excuse, it must be such fraud as would prevent the party from reading the contract. Curtis v. First Nat. Bank, 158 Ga. App. 379, 381 ( 280 S.E.2d 404). One cannot claim to be defrauded about a matter equally open to the observation of all parties where no special relationship or trust or confidence exists.

  5. Russell Corp. v. Bancboston Fin

    434 S.E.2d 716 (Ga. Ct. App. 1993)   Cited 19 times
    In Russell, the court held that the bank had a contractual right to refuse to honor new demands for additional overadvances and in Driggers, there was no liability for a lender that asserted its rights under the contract.

    In the absence of special circumstances, there is no fiduciary relationship between a bank and its borrowers. Curtis v. First Nat. Bank of Commerce, 158 Ga. App. 379, 380-381 (1) ( 280 S.E.2d 404) (1981). The trial court correctly determined that there was no evidence of special circumstances imposing upon the bank the duties of a fiduciary in favor of the companies under OCGA ยง 23-2-58.

  6. Leventhal v. Seiter

    208 Ga. App. 158 (Ga. Ct. App. 1993)   Cited 34 times

    "`An oral agreement between the parties, made contemporaneously with the execution of the note or prior thereto relating to a condition not expressed in the note is incompetent to change the contract as represented on the face of the note.' [Cit.] Evidence as to an alleged understanding which is antagonistic to and inconsistent with the terms of the instrument is inadmissible to vary such terms and legally insufficient to sustain a defense of fraud. [Cits.]" Curtis v. First Nat. Bank of Commerce, 158 Ga. App. 379, 381 (1) ( 280 S.E.2d 404) (1981). As parol evidence is inadmissible to challenge the unambiguous terms of the contract, we conclude that the appellant's enumeration is without merit.

  7. Cohen v. Northside Bank c. Co.

    428 S.E.2d 354 (Ga. Ct. App. 1993)   Cited 3 times

    However, in the case sub judice, there were no circumstances as would create a confidential relationship between plaintiff and Cohen so as to impose upon plaintiff a duty to disclose any knowledge it had as to the matters at issue. Curtis v. First Nat. Bank of Commerce, 158 Ga. App. 379, 380-381 (1) ( 280 S.E.2d 404); Boatman v. Citizens c. Nat. Bank, 155 Ga. App. 848, 850 (2) ( 273 S.E.2d 190); Limoli v. First Ga. Bank, 147 Ga. App. 755, 757 ( 250 S.E.2d 155). The state court did not err in granting plaintiff's motion for summary judgment. Judgments affirmed. Cooper and Blackburn, JJ., concur.

  8. Trust Co. Bank v. Stubbs

    417 S.E.2d 373 (Ga. Ct. App. 1992)   Cited 4 times

    OCGA ยง 23-2-51. It is undisputed, as discussed above, that plaintiffs made no inquiries to the bank about Brown or any of his businesses, including Macon Auto. Plaintiffs do not cite to any cases in this state in which a legal or equitable duty has been recognized under similar circumstances, nor are we aware of any. Cf. Big Bend Agri-Svcs. v. Bank of Meigs, 174 Ga. App. 493 (1) ( 330 S.E.2d 422) (1985); Curtis v. First Nat. Bank, 158 Ga. App. 379 (1) ( 280 S.E.2d 404) (1981); Limoli v. First Ga. Bank, 147 Ga. App. 755, 758 ( 250 S.E.2d 155) (1978). The bank had no duty to make gratuitous revelations to plaintiffs concerning Brown or any of his businesses.

  9. Demer v. Capital City Cable

    378 S.E.2d 162 (Ga. Ct. App. 1989)   Cited 15 times

    However, "fraud cannot consist of mere broken promises, unfulfilled predictions or erroneous conjectures as to future events." Curtis v. First Nat. Bank of Commerce, 158 Ga. App. 379, 381 ( 280 S.E.2d 404). We find no evidence authorizing a recovery by plaintiff on his fraud claim.

  10. Wagner v. Howell Enterprises, Inc.

    184 Ga. App. 394 (Ga. Ct. App. 1987)   Cited 8 times

    Marchman Oil Chem. Co. v. Southern Petroleum c. Co., 167 Ga. App. 691 (1) ( 307 S.E.2d 509) (1983). See also Curtis v. First Nat. Bank of Commerce, 158 Ga. App. 379 (1) ( 280 S.E.2d 404) (1981); Boatman v. C S Nat. Bank, 155 Ga. App. 848 (2) ( 273 S.E.2d 190) (1980); Hyman v. Horwitz, 148 Ga. App. 647 (1) ( 252 S.E.2d 74) (1979); Rizk v. Jones, 148 Ga. App. 473 ( 251 S.E.2d 360) (1978); Cooper v. Mercantile Nat. Bank, 137 Ga. App. 605 (2) ( 224 S.E.2d 442) (1976); Pulliam v. Merchants c. State Bank, 33 Ga. App. 68 (2) ( 125 S.E. 509) (1924). 2.