Woodson v. Beck
Supreme Court of North Carolina
Appeal from O. II. Allen, J., May Term, 1909, of VaNCE. The plaintiff sued the defendant before a justice of the peace on the following due bill: “HeNdeksoN, N. C., 4 December, 1908. “Due R. B. Woodson $92.92 (ninety-two dollars 92-100) on a policy of life insurance applied for this day in the Equitable Life, said $92.92 to be paid when policy is delivered. (Signed) J. W. Beck.”
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Appeal from O. II. Allen, J., May Term, 1909, of VaNCE. The plaintiff sued the defendant before a justice of the peace on the following due bill: “HeNdeksoN, N. C., 4 December, 1908. “Due R. B. Woodson $92.92 (ninety-two dollars 92-100) on a policy of life insurance applied for this day in the Equitable Life, said $92.92 to be paid when policy is delivered. (Signed) J. W. Beck.” Tbe defendant admitted tbe execution of tbe due bill and a tender of tbe policy for $2,000, an ordinary life policy, but alleged tbat tbe contract between bim and plaintiff was tbat tbe defendant could purchase tbe…
1DissentHoke, J.
I am unable to concur in the disposition made of this case, being of opinion that the evidence offered by the defendant, in effect, only tended to show a different method of payment than that mentioned in the contract. It is well established with us that, as between the original parties, when a note is given, payable in so many dollars, without further written specification, parol evidence may be received tending to establish an agreement that a different method of payment should be accepted.
This was the question directly presented in Typewriter Co. v. Hardware Co., 143 N. C., 97, where it…
2Cases cited6 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Walker v. . VentersSupreme Court of North Carolina · 1908
- Typewriter Co. v. . Hardware Co.Supreme Court of North Carolina · 1906
- Kelly v. . OliverSupreme Court of North Carolina · 1893
- Penniman v. AlexanderSupreme Court of North Carolina · 1892
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