Watkins v. Bowers
Massachusetts Supreme Judicial Court
Contract upon a promissory note, for $752.30, dated August 10, 1874, made by the defendant, payable to the order of the plaintiff in two months from date. At the trial in the Superior Court, before Pitman, J., the only questions for the jury, under the ruling of the judge were whether any contract was entered into between the parties, and whether there was or not a want or failure of consideration.
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Contract upon a promissory note, for $752.30, dated August 10, 1874, made by the defendant, payable to the order of the plaintiff in two months from date. At the trial in the Superior Court, before Pitman, J., the only questions for the jury, under the ruling of the judge were whether any contract was entered into between the parties, and whether there was or not a want or failure of consideration. The evidence of the defendant, which was admitted against the plaintiff’s objection, on the ground that it was an attempt to alter or control a written contract by oral evidence, and for other…
1Opinion of the CourtColt, J.
It was a question of fact for the jury whether there was a contract between the parties and a completed delivery of the note and policy under it. The rule excluding paroi evidence to contradict a written instrument is not infringed by the admission of such evidence, to show that the instrument never had any binding force for want of due delivery, or, if not under seal, for want of consideration; because the evidence is offered not to *387vary fche contract, but to prove that no contract was ever made; the inquiry is a preliminary one. Coddington v. Goddard, 16 Gray, 436. Faunce v. State Mutual…
2Cases cited3 opinions
- Blanchard v. Inhabitants of BlackstoneMassachusetts Supreme Judicial Court · 1869
- Faunce v. State Mutual Life Assurance Co.Massachusetts Supreme Judicial Court · 1869
- Bornstein v. LansMassachusetts Supreme Judicial Court · 1870
3Cited by29 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Hallett v. MooreMassachusetts Supreme Judicial Court · 1933
- Westman v. KrumweideSupreme Court of Minnesota · 1883
- Sutton v. WeberSupreme Court of Iowa · 1904
- Tilo Roofing Co. Inc. v. PellerinMassachusetts Supreme Judicial Court · 1954
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