Libby v. Mt. Monadnock Mineral Spring & Land Co.
Supreme Court of New Hampshire
Foreign Attachment. Trial by the court. The principal defendants are a corporation. The trustees subscribed for, and by an agreement with the other subscribers in writing contracted to take, each, five hundred shares of the defendants’ capital stock, of the par value of one dollar, and to pay therefor one dollar a share.
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Foreign Attachment. Trial by the court. The principal defendants are a corporation. The trustees subscribed for, and by an agreement with the other subscribers in writing contracted to take, each, five hundred shares of the defendants’ capital stock, of the par value of one dollar, and to pay therefor one dollar a share. Subject to the plaintiffs’ exception, they were permitted- to show that at the time of their subscription it was orally agreed between them and the two promoters of the company that they should pay twenty-five cents only for each share of their stock; and that after the…
1Opinion of the CourtCarpenter, J.
In a suit at law between the parties to a written agreement, or those claiming under it, extrinsic evidence is not admissible.to contradict or alter its terms. The agreement does not conclude strangers. In a controversy between them, or between one of the contractors and a stranger, either party may show by parol that the written contract was made by mistake or fraud, or that by design of the parties it misrepresents the true transaction. Woodman v. Eastman, 10 N. H. 359; Low v. Blodgett, 21 N. H. 121; Edgerly v. Emerson, 23 N. H. 555, 565; Furbush v. Goodwin, 25 N. H. 425; Fiske v.…
2Cases cited4 opinions
- Barreda v. SilsbeeSupreme Court of the United States · 1859
- Coleman v. . First National Bank of ElmiraNew York Court of Appeals · 1873
- Lee v. . AdsitNew York Court of Appeals · 1867
- Sprague v. . HosmerNew York Court of Appeals · 1880
3Cited by5 opinions
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- Page v. United Fruit Co.Court of Appeals for the First Circuit · 1925
- Haag v. BurnsSouth Dakota Supreme Court · 1908
- Glidden v. NewportSupreme Court of New Hampshire · 1907
- White v. Fernald-Woodward Co.Supreme Court of New Hampshire · 1910