Dale v. Gear
Supreme Court of Connecticut
Assumpsit against the defendant as endorser of a promissory note; brought to the Court of Common Pleas in the County of New Haven.
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Assumpsit against the defendant as endorser of a promissory note; brought to the Court of Common Pleas in the County of New Haven. The defendant pleaded in bar, “that the said plaintiffs ought not to have or maintain their aforesaid action against the deiendant, because he says, that at the time when the defendant so as aforesaid endorsed said note, in consideration of the agreement of the said defendant to endorse said nóte in blank, and to omit prefixing the words “ without recourse” to his said endorsement, they, the said plaintiffs, by parol, then and there promised and agreed that they…
1Opinion of the CourtButler, C. J.
We have given this case the consideration ■which, as involving an important commercial question, it has seemed to require, and are of opinion that the plea cannot be sustained on principle, or by authority.
First, it is not sustainable on principle.
The rule that parol evidence is not admissible to contradict or vary a written contract is founded in the highest principles of public policy, and there is no class of contracts to which it should be more inflexibly applied than to those connected with bills of exchange and promissory notes. Nor is there any one of the varied and special contracts,…
2Cases cited7 opinions
- Downer v. ChesebroughSupreme Court of Connecticut · 1869
- Lawrence v. Stonington BankSupreme Court of Connecticut · 1827
- Jackson ex dem. Harris v. HarrisNew York Supreme Court · 1811
- Wilson v. BlackIndiana Supreme Court · 1843
- Bank of Albion v. SmithNew York Supreme Court · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Heyman Associates No. 1 v. Insurance Co. of PennsylvaniaSupreme Court of Connecticut · 1995
- Lippitt v. Thames Loan & Trust Co.Supreme Court of Connecticut · 1914
- HLO Land Ownership Associates Ltd. Partnership v. City of HartfordSupreme Court of Connecticut · 1999
- TIE Communications, Inc. v. KoppSupreme Court of Connecticut · 1991
- Nickell v. BradshawOregon Supreme Court · 1919
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