Youngberg v. Nelson
Supreme Court of Minnesota
Appeal by defendant, Ole T. Nelson, from an order of the Municipal Court of Minneapolis, Elliott, J., made February 11, 1892, refusing a new trial. This action was brought by the plaintiff, Andrew P. Youngberg, against the defendant, on an oral contract of guaranty. Nelson held a note made by one Eaftery for $200. He sold the note to plaintiff in part payment for a horse and carriage, and transferred it to him by indorsing it “without recourse.”
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Appeal by defendant, Ole T. Nelson, from an order of the Municipal Court of Minneapolis, Elliott, J., made February 11, 1892, refusing a new trial. This action was brought by the plaintiff, Andrew P. Youngberg, against the defendant, on an oral contract of guaranty. Nelson held a note made by one Eaftery for $200. He sold the note to plaintiff in part payment for a horse and carriage, and transferred it to him by indorsing it “without recourse.” On the trial parol testimony was admitted tending to show that defendant, at the time of the indorsement and delivery of the note, verbally…
1Opinion of the CourtMitchell, J.
The defendant transferred the promissory note of a third party to plaintiff by indorsement “without recourse,” and the only question necessary to be considered is whether evidence of a contemporaneous oral guaranty of payment was admissible.
We are clearly of the opinion that the case falls within the familiar elementary rule that parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written contract.
The parties have put their engagement into writing (as evidenced by the qualified indorsement) in terms that are certain as to the object and extent of such…
2Cases cited4 opinions
- Minneapolis Mill Co. v. Minneapolis & St. Louis Ry. Co.Supreme Court of Minnesota · 1892
- Farwell v. St. Paul Trust Co.Supreme Court of Minnesota · 1891
- Kern v. Von Phul, Waters & Co.Supreme Court of Minnesota · 1862
- Levering & Morton v. WashingtonSupreme Court of Minnesota · 1859
3Cited by14 opinions
- Merchants Nat. Bk. v. Continental Nat. Bk.California Court of Appeal · 1929
- Central Metropolitan Bank v. Chippewa County State BankSupreme Court of Minnesota · 1924
- Germania Bank of Minneapolis v. OsborneSupreme Court of Minnesota · 1900
- State v. Merchants National BankSupreme Court of Minnesota · 1920
- Moler v. State Bank of BigelowSupreme Court of Minnesota · 1929
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