Thompson v. Love
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dardanelle District. Jeremiah G. Waeeace, Judge. 1. Parol evidence is not admissible to show that by a parol contemporaneous agreement it was contracted that the note should not be negotiable, for this would be to allow the written contract to be directly contradicted by oral testimony. 4 Ark. 154; 13 id. 125; lb. 593; 45 id. 178, 153 U. S. 233 ; 73 Pa.
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Appeal from Yell Circuit Court, Dardanelle District. Jeremiah G. Waeeace, Judge. 1. Parol evidence is not admissible to show that by a parol contemporaneous agreement it was contracted that the note should not be negotiable, for this would be to allow the written contract to be directly contradicted by oral testimony. 4 Ark. 154; 13 id. 125; lb. 593; 45 id. 178, 153 U. S. 233 ; 73 Pa. St. 286 ; 15 Ind. 508. 2. Mere knowledge of facts that would raise a suspicion of the validity of the paper, or gross negligence on the part of the taker at the time of the transfer, is not sufficient to impair…
1Opinion of the CourtHughes, J.
The appellant sued the appellee upon a negotiable promissory note, executed by appellee, payable to the order of the Southern Hedge Company for five hundred dollars, “for value received,” dated June 17, 1889; which was, by endorsement thereon before maturity, assigned, to the. appellant. for value without recourse.
The appellee in his answer admits the executioh of the note, but says that the execution of the same was •obtained by the Southern Hedge Company by fraud, misrepresentation and deceit, by Duval, president, and Marriatt, agent of said company, in payment for stock in a certain…
2Cases cited3 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Buchanan v. WrenCourt of Appeals of Texas · 1895
- Morton v. NobleIndiana Supreme Court · 1860
3Cited by7 opinions
- Hogg v. ThurmanSupreme Court of Arkansas · 1909
- Old National Bank v. MarcySupreme Court of Arkansas · 1906
- Bothell v. FletcherSupreme Court of Arkansas · 1910
- Jones v. JacksonSupreme Court of Arkansas · 1908
- Washington Trust Co. v. KeyesWashington Supreme Court · 1914
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