Kern v. Von Phul, Waters & Co.
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OE WASHINGTON COUNTY. I. — We claim that under sec. 6, art. 6, chap. 4, II. S., which was in force at the time the note described in the complaint in this action was protested, the record of the notary, or a certified copy thereof, kept as directed by said provision, is the only admissible evidence to prove notice to the endorsers. and tbe other facts which- by law such record ought to contain.
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ERROR TO THE DISTRICT COURT OE WASHINGTON COUNTY. I. — We claim that under sec. 6, art. 6, chap. 4, II. S., which was in force at the time the note described in the complaint in this action was protested, the record of the notary, or a certified copy thereof, kept as directed by said provision, is the only admissible evidence to prove notice to the endorsers. and tbe other facts which- by law such record ought to contain. That even if said certificate were admissible at all, it is secondary evidence, and could only be admitted after the absence of the record was accounted for. II. — In regard…
1Opinion of the Court
By the Court
ElANDrau, J.
The main question presented by this case is whether an indorser of an ordinary negotiable promissory note, can plead and prove that he had a parol understanding at the time he puthis name on the note, by which he was not to be'liable on his contract, or in other words that he was an indorser without recourse. At first thought such a proposition would seem to be in direct hostility to the well known and most familiar of all rules of law, that parol evidence is not admissible to contradict or vary the terms of a written instrument; but when an examination of the…
2Cases cited1 opinion
- Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
3Cited by5 opinions
- Montelius v. CharlesIllinois Supreme Court · 1875
- Youngberg v. NelsonSupreme Court of Minnesota · 1892
- Barnard v. GaslinSupreme Court of Minnesota · 1876
- First National Bank of St. Paul v. National Marine Bank of St. PaulSupreme Court of Minnesota · 1873
- Hitchcock v. FrackeltonMichigan Supreme Court · 1898