Erwin v. Saunders
New York Supreme Court
Certiorari to a Justice’s Court. In assumpsit, by Erwin against Saunders $• Ely, upon a note for $15, payable at 9 months in Windsor chairs, given by the defendants to the plaintiff, the defendants sét up as a defence, that the note was executed by the defendants for a debt due from Saunders to Erwin, for costs which the latter had paid for the former.
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Certiorari to a Justice’s Court. In assumpsit, by Erwin against Saunders $• Ely, upon a note for $15, payable at 9 months in Windsor chairs, given by the defendants to the plaintiff, the defendants sét up as a defence, that the note was executed by the defendants for a debt due from Saunders to Erwin, for costs which the latter had paid for the former. That Erwin, having sued Saunders for that debt, the dispute between them was, whether it was not gone by a discharge thereof, which S. had obtained under the act for giving relief in cases of insolvency. They put this upon the question, whether…
1Opinion of the Court
Curia, per Sutherland, J.
There is no doubt of the general principle, that written agreements, whether specialties or simple contracts, and whether within or without the statute of frauds, are not to be contradicted, varied or materially affected by oral testimony. This rule, however, does not exclude parol evidence of fraud, or the want or failure of consideration in, nor the enlargement of the time for performance, or a waiver of the performance of a written simplj contract. But this case does not fall within any of the established exceptions to the general rule. The evidence here shews an…
2Cases cited4 opinions
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1811
- Scouton v. EislordNew York Supreme Court · 1810
- Wells v. BaldwinNew York Supreme Court · 1820
3Cited by18 opinions
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Clark v. DalesNew York Supreme Court · 1855
- Cook v. BrownMichigan Supreme Court · 1886
- Leonard v. MinerCalifornia Supreme Court · 1898
- Pilmer v. Branch of State BankSupreme Court of Iowa · 1864
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