Genet v. President of the Delaware & Hudson Canal Co.
New York Court of Appeals
Cross-appeals from a judgment of the General Term of the Superior Court of the city of New York, entered upon an order made May 10, 1888, which modified, and as modified affirmed, a judgment entered upon the report of a referee.
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Cross-appeals from a judgment of the General Term of the Superior Court of the city of New York, entered upon an order made May 10, 1888, which modified, and as modified affirmed, a judgment entered upon the report of a referee. On the 28th day of March, 1864, tjie parties to this action entered into an agreement, the parts of which material to this controversy are as follows: “ Memorandum of agreement made and concluded this twenty-eight day of March, A. D. one thousand eight hundred and sixty-four (1864) between George C. Genet and Augusta G. Genet, his wife, of the city, county and State…
1Opinion of the CourtBrown, J.
The plaintiff sought to establish his first cause of action by proving a parol agreement made at the time of the execution of the written agreement, or prior thereto, and as a condition of its delivery. Hpon well settled rules of evidence proof of such an agreement was properly excluded.
So much has been written by this court within recent years upon the rule which forbids the admission of oral evidence when offered to vary the terms of a written contract and the modifications and- exceptions which exist as to that rule that the subject is about exhausted, and no further discussion is needed…
2Cases cited1 opinion
- People of N.Y. v. . Canal Board of N.Y.New York Court of Appeals · 1874
3Cited by23 opinions
- McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
- Wilson Company v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1923
- Genet v. President, Managers & Co. of Delaware & Hudson Canal Co.New York Court of Appeals · 1900
- Clayborn v. Camilla Red Ash Coal Co.Supreme Court of Virginia · 1920
- Genet v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1902
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