Bidders v. Riley
Illinois Supreme Court
This was an action of assumpsit commenced in Rock Island Circuit Court by said Bidders against said Riley as such administrator, on a promissory note for $750, given by said Hume to Bidders. Declaration contains three counts: first two, charge defendant as administrator, and third, a promise to pay on his part. The defendant filed several pleas, upon which issues were made up.
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This was an action of assumpsit commenced in Rock Island Circuit Court by said Bidders against said Riley as such administrator, on a promissory note for $750, given by said Hume to Bidders. Declaration contains three counts: first two, charge defendant as administrator, and third, a promise to pay on his part. The defendant filed several pleas, upon which issues were made up. Defendant read in evidence the deed from Bidders and wife to Andrew B. Hume, and also the record and papers in the chancery suit referred to in the pleas, without objection, and rested. Plaintiff then offered to prove…
1Opinion of the CourtBreese, J.
The rule contended for by the counsel for appellee cannot be denied, but its application to the present case may well be.
We do not understand the testimony offered by the plaintiff in its various phases as presented by him, contravened the rule that the terms of an instrument in writing cannot be varied by parol evidence.
It has been decided by this court, that it is competent for a party to show a different consideration from the one stated in the deed as between the parties to it, under peculiar circumstances. Kinzie v. Penrose, 2 Scam. R. 515. In that case the party was permitted to show…
2Cited by7 opinions
- Johnson v. ElmenTexas Supreme Court · 1900
- Singleton v. Southwestern RailroadSupreme Court of Georgia · 1883
- Booth v. HynesIllinois Supreme Court · 1870
- Huebsch v. ScheelIllinois Supreme Court · 1876
- Richardson v. ClowAppellate Court of Illinois · 1881
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