Northern Trust Co. v. Hiltgen
Supreme Court of Minnesota
Action in the district court for Hennepin county by plaintiff, as assignee of Farmers’ and Merchants’ State Bank, insolvent, against Tracy M. Hiltgen on a promissory note payable to said bank. From an order, Elliott, J., denying a motion for a new trial, defendant appealed.
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Action in the district court for Hennepin county by plaintiff, as assignee of Farmers’ and Merchants’ State Bank, insolvent, against Tracy M. Hiltgen on a promissory note payable to said bank. From an order, Elliott, J., denying a motion for a new trial, defendant appealed. The answer of defendant alleged that she was the widow of Peter J. Hiltgen, who died intestate March 24,1893, leaving as his only heirs at law defendant and Louie Hiltgen, his daughter, and that there was then on deposit in said bank to his credit $2,014.06; that March 30,1893, the bank agreed to transfer to the credit of…
1Opinion of the CourtCollins, J.
There was no defensive allegation in the answer in this action, and there was no offer of evidence in support of the allega*363tions which would take this case out of an application of the familiar rule that parol evidence is inadmissible to alter,' contradict, or vary the terms of a written contract. The oral agreement set forth in the answer, and which the offered and rejected evidence was intended to establish, pertained to the very matter covered by the note in suit, and was inconsistent with its express terms. The proposed evidence was properly excluded. Harrison v. Morrison, 39 Minn. 319,…
2Cases cited7 opinions
- Parsons v. . SuttonNew York Court of Appeals · 1876
- Platto v. DeusterWisconsin Supreme Court · 1868
- Harrison v. MorrisonSupreme Court of Minnesota · 1888
- Van Valen v. LaphamThe Superior Court of New York City · 1856
- Northern Trust Co. v. HealySupreme Court of Minnesota · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Samuel H. Chute Co. v. LattaSupreme Court of Minnesota · 1913
- Cosgrove v. McKasySupreme Court of Minnesota · 1896