Herrick v. Edwards
Missouri Court of Appeals
Appeal from Cole Circuit Court. — Ho»,. James E. Has-sell, Judge. (1) The court committed error in permitting the witness, W. J. Edwards, to testify as to conversations between Joseph R. Edwards and plaintiff, Herrick. “Parol evidence is not admissible to vary the meaning of a note.”
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Appeal from Cole Circuit Court. — Ho»,. James E. Has-sell, Judge. (1) The court committed error in permitting the witness, W. J. Edwards, to testify as to conversations between Joseph R. Edwards and plaintiff, Herrick. “Parol evidence is not admissible to vary the meaning of a note.” Henshaw v. Dutton, 59 Mo. 139; Smith v. Thomas, 29 Mo. 307; Jones v. Shaw, 67 Mo. 667. So permitting the witness, Edwards, to testify that his father, J. R. Edwards, had told him that Herrick had placed the note at the bank as collateral was likewise error. Whitaker v. Whitaker, 157 Mo. 354; McLean v. Rutherford,…
1Opinion of the CourtEllison, J.
The plaintiff brought his action on a promissory note. The trial was before the court without a jury. The finding and judgment were for defendant. The following is a copy of the note:
“Jefferson City, Mo., January 10, 1898.
“$900.00.
“One year after date we promise to pay to the order of E. Herrick nine hundred 00-100 dollars at my place of business — ———value received with interest from date at 7 per cent.
“M. F. Marks, Principal.
“Morris Marks,
“J. R. Edwards, Indorser.”
“No.--Due.
Non-negotiable or transferable.”
On the back thereof are the following indorsements :
“This note is not transferable nor…
2Cases cited13 opinions
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
- Dean v. HallNew York Supreme Court · 1837
- Lewis & Bros. v. Harvey & StewartSupreme Court of Missouri · 1853
- Hill v. CombsMissouri Court of Appeals · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Linton v. Chestnutt-Gibbons Grocer Co.Supreme Court of Oklahoma · 1911
- Mitchell v. Health Culture CompanySupreme Court of Missouri · 1942
- Farm & Home Savings & Loan Ass'n v. TheissSupreme Court of Missouri · 1937
- Thompson v. BrownMissouri Court of Appeals · 1906