Colvin v. Goff
Oregon Supreme Court
From Grant: Dalton Biggs, Judge. In Bane. Statement by Me. Justice McBride. This is an action by Ben Colvin against Lester Goff and Jim Clark to recover the amount due upon a promissory note. The note is in the usual form, payable upon demand, with the ordinary provision for interest and for attorney’s fees in case of suit.
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From Grant: Dalton Biggs, Judge. In Bane. Statement by Me. Justice McBride. This is an action by Ben Colvin against Lester Goff and Jim Clark to recover the amount due upon a promissory note. The note is in the usual form, payable upon demand, with the ordinary provision for interest and for attorney’s fees in case of suit. The answer, which is too lengthy to be inserted, admits the execution of the note, and sets up the following affirmative defense: That in May, 1913, plaintiff, defendants and J. B. Gingles and Monard Fix were jointly indicted by the grand jury of Grant County for cattle…
1Opinion of the CourtJustice McBride
1. While the amount involved here is comparatively small, the question presented is interesting by reason of apparent variance in the decisions of many of the courts, although these seeming contradictions disappear upon a close analysis of the decided cases. It is an elementary general rule that parol evidence cannot be introduced to contradict or vary the terms *317of a written instrument, and this rule applies as well to promissory notes as to other written contracts: Burnes v. Scott, 117 U. S. 582 (29 L. Ed. 991, 6 Sup. Ct. Rep. 865); Kelsey v. Chamberlain, 47 Mich. 241 (10 N. W. 355);…
2Cases cited24 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Ware v. AllenSupreme Court of the United States · 1888
- McNight v. ParsonsSupreme Court of Iowa · 1907
- Burnes v. ScottSupreme Court of the United States · 1886
- Wilson v. WilsonOregon Supreme Court · 1894
19 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Security Savings Bank v. RhodesNebraska Supreme Court · 1921
- Nickell v. BradshawOregon Supreme Court · 1919
- Vincent v. RussellOregon Supreme Court · 1921
- Boyle v. WebbArizona Supreme Court · 1939
- Bank of Freewater v. HyettOregon Supreme Court · 1931
4 more not listed; retrieve them via the Exa API.