Legal Opinion

Galloway v. . Thrash

Supreme Court of North Carolina

Decided October 10, 1934PublishedCited by 9 opinions

1Opinion of the CourtStacy, C. J.

Is it competent, as between the parties, to show that a note given by a son to his father represented an advancement and was to be paid by crediting it against the son’s anticipated share of the father’s estate? The answer is, Yes.

It is established by the decisions in this jurisdiction that the rule which prohibits the introduction of parol evidence to vary, modify or contradict the terms of a written instrument, is not violated:

First, by showing a conditional delivery of said instrument. Thomas v. Carteret Co., 182 N. C., 374, 109 S. E., 384; Garrison v. Machine Co., 159 N. C., 285, 74 S.…

2Cases cited13 opinions

  1. Swift Co. v. . AydlettSupreme Court of North Carolina · 1926
  2. Garrison v. Case Threshing MacHine Co.Supreme Court of North Carolina · 1912
  3. Swift & Co. v. AydlettSupreme Court of North Carolina · 1926
  4. National Bank v. WinslowSupreme Court of North Carolina · 1927
  5. Kindler v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1933

8 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. BORDEN, INCORPORATED v. BrowerSupreme Court of North Carolina · 1973
  2. Mills v. BoninSupreme Court of North Carolina · 1954
  3. Coral Gables, Inc. v. . Ayres.Supreme Court of North Carolina · 1935
  4. McCormack v. CockburnCourt of Appeals of Texas · 1939
  5. BORDEN, INCORPORATED v. BrowerSupreme Court of North Carolina · 1973

4 more not listed; retrieve them via the Exa API.

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