Cocke v. Blackbourn
Mississippi Supreme Court
Error to the Circuit Court of Tate County. Hon. Sam Powel, Judge. Parol evidence is admissible to show the real consideration of a bill single, whether any is expressed in the writing or not. Lee v. Dozier, 40 Miss. 477 ; Blackwell v. Reid, 41 Miss. 102; Marshall v. Hamilton, 41 Miss. 229. It has never been seriously denied that the consideration of a writing can be inquired into when the instrument itself does not express its consideration. 1 Dan. Neg.
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Error to the Circuit Court of Tate County. Hon. Sam Powel, Judge. Parol evidence is admissible to show the real consideration of a bill single, whether any is expressed in the writing or not. Lee v. Dozier, 40 Miss. 477 ; Blackwell v. Reid, 41 Miss. 102; Marshall v. Hamilton, 41 Miss. 229. It has never been seriously denied that the consideration of a writing can be inquired into when the instrument itself does not express its consideration. 1 Dan. Neg. Inst. § 163. Under Code 1871, § 605, the consideration of sealed instruments can be impeached like other written instruments. It is well…
1Opinion of the CourtCampbell, J.
The question raised by the demurrer to the plea, and discussed by counsel is, Whether the consideration expressed in the bill single sued on precludes the obligor from showing by parol an additional and different consideration ? We consider it well settled that the real consideration of a note may be shown by parol, whatever may be the statement of the note as to the consideration. If this were not so, all inquiry could be shut out by the easy process of stating the consideration in every note to be gold coin or other equally unassailable consideration, and then the defence of illegality, or…
2Cases cited3 opinions
- Barker v. PrentissMassachusetts Supreme Judicial Court · 1810
- Butler v. SmithMississippi Supreme Court · 1858
- Pollen v. JamesMississippi Supreme Court · 1871
3Cited by7 opinions
- Rice v. RiceSupreme Court of Kansas · 1917
- Cocke v. BlackbournMississippi Supreme Court · 1880
- Grayson v. BrooksMississippi Supreme Court · 1886
- Campbell v. DavisMississippi Supreme Court · 1908
- Millsaps v. Merchants' & Planters' BankMississippi Supreme Court · 1893
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