Walker v. Crawford
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, brought by Crawford against Walker, on a certain promissory note executed by the latter in favor of the former.
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Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, brought by Crawford against Walker, on a certain promissory note executed by the latter in favor of the former. The defendant pleaded the general issue and filed therewith the following notice of special matter of defense: “ The plaintiff will take notice that the defendant, on the trial of this cause, will give in evidence and insist that, before and at the time of the making and delivering of the promissory note mentioned and set out in the plaintiff’s declaration, the…
1Opinion of the CourtJustice Breese
The only question presented by this record is, as to the admissibility of the evidence offered to sustain the notice accompanying the plea of the general issue.
The substance of the notice is, that the note was delivered conditionally, or as collateral security for the performance of a parol promise or agreement by appellant.
Appellant, not denying or questioning the rule of law so long established, that parol testimony is inadmissible to vary the terms of a written contract, seems to intimate there is some inconsistency in the decisions of this court, at least, as to the application of this…
2Cases cited7 opinions
- Vallett v. ParkerNew York Supreme Court · 1831
- Couch v. MeekerSupreme Court of Connecticut · 1817
- Flynn v. Mudd & HughesIllinois Supreme Court · 1862
- Artcher v. Douglass & WickoffNew York Supreme Court · 1848
- Penny v. GravesIllinois Supreme Court · 1850
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Main Bank of Chicago v. BakerIllinois Supreme Court · 1981
- Weaver v. FriesIllinois Supreme Court · 1877
- Chandler v. ChandlerAppellate Court of Illinois · 1945
- Mumford v. TolmanAppellate Court of Illinois · 1894
- May v. MayAppellate Court of Illinois · 1890
4 more not listed; retrieve them via the Exa API.