Perry v. Bigelow
Massachusetts Supreme Judicial Court
Contract on the following promissory note signed by the defendant and indorsed by the payee: “ -$5000. St. Louis, Mo., January 11, 1877. Four months after date I promise to pay to Frank T. Iglehart, cashier, or order, at the banking-house of Bartholow, Lewis & Co., in St. Louis, Mo., five thousand dollars for value received, negotiable and payable without defalcation or discount, and with interest from maturity at the rate of ten per cent per annum, I having deposited with…
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Contract on the following promissory note signed by the defendant and indorsed by the payee: “ -$5000. St. Louis, Mo., January 11, 1877. Four months after date I promise to pay to Frank T. Iglehart, cashier, or order, at the banking-house of Bartholow, Lewis & Co., in St. Louis, Mo., five thousand dollars for value received, negotiable and payable without defalcation or discount, and with interest from maturity at the rate of ten per cent per annum, I having deposited with him as collateral security the following described certificates of the capital stock of the Scotia Lead Mining Company,…
1Opinion of the CourtAmes, J.
The defendant’s written contract was a negotiable promissory note, requiring him to pay a certain sum of money at a definite time. The evidence which he sought to introduce was for the purpose of showing that this written contract was not the real contract" between the parties; that the note was merely a memorandum; and that certain certificates of stock described in the note as collateral security should operate as payment of the note at its maturity, if it were not previously paid. This evidence could not be received without doing violence to the ruli *131that oral evidence cannot be admitted…
2Cited by15 opinions
- Thomas v. BarnesMassachusetts Supreme Judicial Court · 1892
- Kulenkamp v. GroffMichigan Supreme Court · 1888
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1893
- Louis Eckels & Sons Ice Manufacturing Co. v. Cornell Economizer Co.Court of Appeals of Maryland · 1912
- Lincoln Nat. Bank v. PerryCourt of Appeals for the Eighth Circuit · 1895
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