Mehlin v. Mutual Reserve Fund Life Ass'n
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern Dirtsict. ¥m. M. Springer, Judge. Action by the Mutual Reserve Fund Life Association against James G. Mehlin. Judgment for plaintiff. Defendant-appeals. The questions at issue in this case arise on the pleadings, and judgment of the lower court thereon.
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Appeal from the United States Court for the Northern Dirtsict. ¥m. M. Springer, Judge. Action by the Mutual Reserve Fund Life Association against James G. Mehlin. Judgment for plaintiff. Defendant-appeals. The questions at issue in this case arise on the pleadings, and judgment of the lower court thereon. On the 15th day of November, A. D. 1894, the Mutual Reserve Fund Life Association, plaintiff (hereinafter called “appellee”) instituted suit in the United States court for the Northern district of the Indian Territory, at Muskogee, against James G. Mehlin, defendant (hereinafter called…
1Opinion of the CourtThomas, J.
The only question of importance raised by the-record in this case necessary to be passed upon by this court is, was the note set forth in the complaint legally delivered by appellant to appellee, so as to form a complete legal contract, binding upon appellant, and enforceable at law? While it is a well settled rule of law that parol evidence is not admissible to vary or contradict the terms of a written instrument, “the rule would become the instrument it was intended to prevent, if there were no exceptions to the universality of its application.” Insurance Co. vs Wilkinson, 13 Wall. 231. In…
2Cases cited15 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Burke v. DulaneySupreme Court of the United States · 1894
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- Ware v. AllenSupreme Court of the United States · 1888
- Benton v. . MartinNew York Court of Appeals · 1873
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