Hutzler v. Richter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Julius Richter and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 13th day of Hay, 1896, upon the decision of the court rendered after a trial at the Erie Special Term directing a foreclosure and sale of certain premises described in the complaint.
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Appeal by the defendants, Julius Richter and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 13th day of Hay, 1896, upon the decision of the court rendered after a trial at the Erie Special Term directing a foreclosure and sale of certain premises described in the complaint. This action was brought by the plaintiff to foreclose a mortgage given by the defendants to secure the payment to him of the sum of §800, with interest thereon. An answer was interposed to the plaintiff’s complaint, and the issues…
1Opinion of the Court
Adams, J.:
The decision of the learned trial court was manifestly made to rest upon the assumption that the verbal agreement established by the evidence, if given any force or effect, would conflict, with the rule which prohibits paroi evidence to explain, vary or contradict a written instrument, and if such was the necessary result of investing that agreement with validity, the court was undoubtedly correct in .its conclusion.
The rule adverted to is one which, while subject to modification in cases where fraud or injustice are attempted, as where it may be shown by paroi that an instrument is…
2Cases cited4 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Van Brunt v. . DayNew York Court of Appeals · 1880
- Lewis v. . SeaburyNew York Court of Appeals · 1878
- Thomas v. ScuttNew York Supreme Court · 1889
3Cited by5 opinions
- United States v. SiegelDistrict Court, N.D. Illinois · 1979
- Stowell v. Greenwich InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Jackson v. HelmerAppellate Division of the Supreme Court of the State of New York · 1902
- Hanes v. SackettAppellate Division of the Supreme Court of the State of New York · 1900
- Hanes v. SackettAppellate Division of the Supreme Court of the State of New York · 1900