Susquehanna Bridge & Bank Co. v. Evans
U.S. Circuit Court for the District of Eastern Pennsylvania
Action of assumpsit by the president and directors of this company upon a note of hand, dated the 3d of September, 1817, made by T. Burr, payable to defendants [Evans and Evans], one hundred and twenty days after date, negotiable at the bank of the plaintiffs, where it was discounted. On the 3d of January. 1818, the note was regularly protested, according to the provisions of the act of incorporation of the state of Maryland.
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Action of assumpsit by the president and directors of this company upon a note of hand, dated the 3d of September, 1817, made by T. Burr, payable to defendants [Evans and Evans], one hundred and twenty days after date, negotiable at the bank of the plaintiffs, where it was discounted. On the 3d of January. 1818, the note was regularly protested, according to the provisions of the act of incorporation of the state of Maryland. The defendants gave in evidence, without opposition, (the plaintiff’s counsel reserving the right to question its admissibility on the argument of the cause to the…
1Opinion of the Court
WASHINGTON. Circuit Justice.
The reasons which torbio the admission of parol evidence to alter, oi explain written agreements. and other instruments, do not apply to those contracts implied by operation of law. such as that which the law implies in respect to the indoisei of a note of hand. The evidence of the agreement made between the plaintiffs and defendants, whereby the latter were to be discharged on the happening of a particular event, was therefore pioperly admitted hat that agreement was. the jury miM decide from that evidence. But it appears to the court to be ■quite immaterial…
2Cited by13 opinions
- Bank of United States v. DunnSupreme Court of the United States · 1832
- Union Selling Co. v. JonesCourt of Appeals for the Eighth Circuit · 1904
- Woodward v. FosterSupreme Court of Virginia · 1868
- Bryan v. DuffWashington Supreme Court · 1895
- Harrison v. McKimSupreme Court of Iowa · 1865
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