Spencer v. Babcock
New York Supreme Court
APPEAL by the defendant from a judgment entered upon the report of a referee. The complaint alleged, that on or about the first day of April, 1849, the defendant, for the purpose of procuring a credit for one Marcus M. Wheelock in the purchase of goods and merchandise of one William J. Arnold, and in consideration of such credit to be given to the said Wheelock by said Arnold, made, executed and delivered to said Arnold, as security for the payment of such purchase of goods…
Read the full summary
APPEAL by the defendant from a judgment entered upon the report of a referee. The complaint alleged, that on or about the first day of April, 1849, the defendant, for the purpose of procuring a credit for one Marcus M. Wheelock in the purchase of goods and merchandise of one William J. Arnold, and in consideration of such credit to be given to the said Wheelock by said Arnold, made, executed and delivered to said Arnold, as security for the payment of such purchase of goods and merchandise, as he the said Wheelock should make of the said Arnold, a guaranty or agreement in writing, in the…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The referee rightly disposed of the several questions presented during the progress of the trial, before and including the motion for a nonsuit. Arnold was a competent witness, and it was not error to allow him to state that the goods were- delivered upon the agreement.' Parol evidence is always admissible to apply the written contract to the facts, or to show the extrinsic facts to which the *335contract relates, and its practical execution in reference to such facts.
The only point of any difficulty in the case arises upon the offer of the defendant’s counsel, to…
2Cited by14 opinions
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Stoddard v. TreadwellCalifornia Supreme Court · 1864
- McAdow v. RossSupreme Court of Missouri · 1873
- Merritt v. GouleyNew York Supreme Court · 1890
9 more not listed; retrieve them via the Exa API.