Stein v. Fogarty
Idaho Supreme Court
APPEAL from District Court, Ada County. Is parol evidence of a contemporaneous oral agreement showing the conditions upon which a promissory note is given admissible P Or, in other words, can' the consideration be inquired into ? The point in the case at bar is not as to the language used in the note, but only as to the conditions on which it was given to plaintiff; in other words, the consideration may be inquired into, such consideration being concurrent parol agreements.
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APPEAL from District Court, Ada County. Is parol evidence of a contemporaneous oral agreement showing the conditions upon which a promissory note is given admissible P Or, in other words, can' the consideration be inquired into ? The point in the case at bar is not as to the language used in the note, but only as to the conditions on which it was given to plaintiff; in other words, the consideration may be inquired into, such consideration being concurrent parol agreements. (Schundler v. Mulheiser, 45 Conn. 153; Kennedy v. Goodman, 14 Neb. 585, 16 N. W. 834; Maliz v. Fletcher, 52 Mich. 484,…
1Opinion of the CourtSullivan, J.
This is an action on a promissory note. The answer admits the execution of the note, but alleges, at the time of the execution of said note, and as a contemporaneous act therewith, the plaintiff and defendant mutually agreed that said note should be paid by the defendant in work and labor as a plumber, at the usual rates, and upon a certain house in Boise City, the property of plaintiff, then being constructed by him. The cause was tried by the court without a jury, and resulted in a judgment for the defendant. Thereupon plaintiff moved for a new trial, which motion was granted, and a new…
2Cases cited3 opinions
- Brown v. SpoffordSupreme Court of the United States · 1877
- Forsythe v. KimballSupreme Court of the United States · 1876
- Conner v. ClarkCalifornia Supreme Court · 1859
3Cited by9 opinions
- Milner v. Earl Fruit Co. of the NorthwestIdaho Supreme Court · 1925
- Beebe v. Pioneer Bank & Trust Co.Idaho Supreme Court · 1921
- Rector v. HancockSupreme Court of Virginia · 1920
- Searcy v. BrandonTennessee Supreme Court · 1934
- Brooks v. BeachIdaho Supreme Court · 1930
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