Burke v. Dulaney
Supreme Court of the United States
APPEAL PROM THE SUPREME COURT OF THE TERRITORY OF IDAHO. This action was brought by the testator of the appellees, upon a writing purporting to be the promissory note of the appellant for forty-three hundred and eight dollars and eighty cents,- dated Salt Lake City, Utah, August 10, 1883, and payable one year after date, for value received, at the bank of Wells, Eargo & Co. in that city, with interest at the rate of six per cent per annum from date until paid.
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APPEAL PROM THE SUPREME COURT OF THE TERRITORY OF IDAHO. This action was brought by the testator of the appellees, upon a writing purporting to be the promissory note of the appellant for forty-three hundred and eight dollars and eighty cents,- dated Salt Lake City, Utah, August 10, 1883, and payable one year after date, for value received, at the bank of Wells, Eargo & Co. in that city, with interest at the rate of six per cent per annum from date until paid. The defendant, Burke, denied his liability upon the note, and at the trial below was sworn as a witness on his own behalf. In support…
1Opinion of the Court
Me.- Justice Hablan,
after stating the case, delivered the opinion of the court.
The general rule that a written contract cannot be contradicted or varied by evidence of an oral agreement between the parties before or at the time of such contract, has been often recognized and applied by this court, especially in cases in which it was sought to deprive bona fide holders of or parties to negotiable securities of the rights to which they were entitled according to the legal import of the terms of such instruments. Ren ner v. Bank of Columbia, 9 Wheat. 576, 587; Brown v. Wiley, 20 How. 442; Specht…
2Cases cited15 opinions
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- Benton v. . MartinNew York Court of Appeals · 1873
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3Cited by216 opinions
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