Murphy v. Drum & Bugle Corps

On a former writ of error in this case, by a petitioner in certiorari (the defendant in a suit on a note in the municipal court), this court held that the trial court erred in striking from the defendant’s answer certain paragraphs which set up a contemporaneous parol agréement that the note should not be delivered or take effect except on the performance of a certain condition; that therefore the trial court erred in directing a verdict for the plaintiff and in denying a new trial; and that for these reasons the superior court erred in overruling the petition for certiorari. Murphy v. Drum &…