Gillett v. Ballou
Supreme Court of Vermont
Assumpsit upon a promissory note for thirty-three dollars and eighty-one cents signed by the defendant and payable to the plaintiff. Plea, the general issue; trial by jury, April Term, 1856, — Underwood, J., presiding.
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Assumpsit upon a promissory note for thirty-three dollars and eighty-one cents signed by the defendant and payable to the plaintiff. Plea, the general issue; trial by jury, April Term, 1856, — Underwood, J., presiding. The plaintiff introduced the note declared on, which, it appeared from the defendant's testimony, was given for the amount of one Newell’s indebtedness to the plaintiff, and for which the said Newell gave to the defendant Ms note, at the same time the noite in suit was given to the plaintiff. The defendant offered to show by his own testimony that the plaintiff came to him a…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The judgment of the county court in this case must be affirmed. The note contains an absolute and unconditional promise by the defendant to pay the amount for which it was given. The effect of the testimony offered by the defendant was to show a different contract made at the time the note was given, and that a liability was not to exist according to the terms of the note. Such testimony is clearly inadmissible. No contemporaneous agreement is admissible to vary or alter the terms of the note, or of any other written agreement. The cases of…
2Cases cited2 opinions
- Bradley v. BentleySupreme Court of Vermont · 1836
- Isaacs v. ElkinsSupreme Court of Vermont · 1839
3Cited by6 opinions
- Kramer v. EwingSupreme Court of Oklahoma · 1900
- Town of Grand Isle v. KinneySupreme Court of Vermont · 1898
- Wilbur v. PriorSupreme Court of Vermont · 1893
- Kinnear & Gager Manufacturing Co. v. MinerSupreme Court of Vermont · 1914
- Third National Bank of St. Louis v. ReichertMissouri Court of Appeals · 1903
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