Legal Opinion

Higgs v. De Maziroff

New York Court of Appeals

Decided February 27, 1934PublishedCited by 55 opinions

1Opinion of the CourtCrouch, J.

We are here concerned with a narrow phase of the parol evidence rule.

The defendant, who was the owner of certain valuable paintings, sought a loan of $25,000 from the plaintiff, who conducted an art gallery. On June 18, 1929, an agreement between the parties with respect to the transaction was entered into by means of a letter written by the plaintiff and accepted in writing by the defendant. That portion of the written agreement material here reads as follows: “ In order to enable you to finance your plans, I agree to lend you for six months the sum of $5,000 cash and to give you a six…

2Cases cited10 opinions

  1. Mitchill v. LathNew York Court of Appeals · 1928
  2. Eighmie v. . TaylorNew York Court of Appeals · 1885
  3. Wilson v. . DeenNew York Court of Appeals · 1878
  4. Mears v. SmithMassachusetts Supreme Judicial Court · 1908
  5. Brady v. . NallyNew York Court of Appeals · 1896

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3Cited by55 opinions

  1. Fogelson v. Rackfay Construction Co.New York Court of Appeals · 1950
  2. Harold S. Lee v. Joseph E. Seagram & Sons, Inc.Court of Appeals for the Second Circuit · 1977
  3. Gajewski v. BratcherNorth Dakota Supreme Court · 1974
  4. Kerwin v. DonaghyMassachusetts Supreme Judicial Court · 1945
  5. Battery Steamship Corp. v. Refineria Panama, S. A. And United States of AmericaCourt of Appeals for the Second Circuit · 1975

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