Schultz v. Plankinton Bank
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. A. N. Watebman, Judge, presiding. This was an action of assumpsit, brought by the Plankinton Bank, against Albert Schultz, as indorser of a promissory note, which reads as follows: “Milwaukee, June 18, 1888. “Ninety days after date I promise to pay to the order of Albert Schultz two thousand dollars, payable at the Plankinton Bank.
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Writ of Error to the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. A. N. Watebman, Judge, presiding. This was an action of assumpsit, brought by the Plankinton Bank, against Albert Schultz, as indorser of a promissory note, which reads as follows: “Milwaukee, June 18, 1888. “Ninety days after date I promise to pay to the order of Albert Schultz two thousand dollars, payable at the Plankinton Bank. Value received. Henry Schultz. Indorsed—Albert Schultz.” At the time the note was executed, Henry Schultz was doing business…
1Opinion of the CourtJustice Craig
On the trial the court excluded the parol agreement set up in the affidavit for a continuance, and, on the propositions of law submitted, held that a parol agreement entered into at the time the mortgage was executed was not admissible to vary the contract between the bank and Henry Schultz, embraced in the chattel mortgage, and the propriety of this ruling is the principal question presented by the record for our consideration.
Parol evidence is not admissible to vary or contradict the terms of a written agreement. This principle of law is so well understood and so thoroughly settled that it…
2Cited by20 opinions
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- Long Bell Lumber Co. v. FutchCourt of Appeals of Texas · 1929
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