Penny v. Graves
Illinois Supreme Court
This suit was first commenced before a justice of the peace, and taken by appeal, to the Sangamon Circuit Court. On the trial of the cause in the Circuit Court, the plaintiff below offered in evidence, a note, with endorsements as follows: Alton, Dec. 30th, 1842. $52 13. Six months after date, for value received, I promise to pay George Wilson, and Andrew Beard, fifty-two, dollars—this being for 12 per cent, interest on account of hogs bought. Hiram Penny.
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This suit was first commenced before a justice of the peace, and taken by appeal, to the Sangamon Circuit Court. On the trial of the cause in the Circuit Court, the plaintiff below offered in evidence, a note, with endorsements as follows: Alton, Dec. 30th, 1842. $52 13. Six months after date, for value received, I promise to pay George Wilson, and Andrew Beard, fifty-two, dollars—this being for 12 per cent, interest on account of hogs bought. Hiram Penny. Endorsement.—Feb’y 23d, 1844, for value received, we assign the within to James White, without any recourse back on us. G. Wilson. Andrew…
1Opinion of the CourtTrumbull, J.
The difficulty in this case arises not so much in determining what the law is, as in applying it to the particular case.
The rule is well settled, that parol testimony is inadmissible to vary, contradict, or explain, the terms of a written agreement, and yet it is allowable to show by parol, that the consideration of a promissory note has wholly or in part failed, or that it was given without consideration. It is not always easy to distinguish between these two classes of evidence and determine to which, particular testimony belongs, but when that is determined, the law is well established.
Did…
2Cases cited1 opinion
- Ely v. KilbornNew York Supreme Court · 1848
3Cited by7 opinions
- Harris v. GalbraithIllinois Supreme Court · 1867
- Walker v. CrawfordIllinois Supreme Court · 1870
- Weinstein v. SprintzAppellate Court of Illinois · 1924
- Gardner v. MatthewsMissouri Court of Appeals · 1881
- Schultz v. MeyerAppellate Court of Illinois · 1913
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