Juilliard v. . Chaffee
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 30, 1883, which affirmed a judgment in favor of defendant, - entered upon a verdict and affirmed an order denying a motion for a new trial. ’ The nature of the action and the material facts are stated in the opinion. The paroi agreement, having been prior to, and inconsistent with, the terms of the writing, should have been excluded.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 30, 1883, which affirmed a judgment in favor of defendant, - entered upon a verdict and affirmed an order denying a motion for a new trial. ’ The nature of the action and the material facts are stated in the opinion. The paroi agreement, having been prior to, and inconsistent with, the terms of the writing, should have been excluded. (1 Greenleaf on Ev., §§ 275, 277; Hoare v. Graham, 3 Campb. 57; Mosely v. Hanford, 10 B. & C. 729; Woodbridge v. Spooner, 3 B. & A.…
1Opinion of the CourtDanforth, J.
The firm of Hoyt, Spragues & Co. was dissolved by the death of one of its members, and on the application of his executors, the plaintiff, on the 30th of June, 1874, was appointed, by the Supreme Court, receiver of its effects. The defendant is the voluntary assignee of the A. & ~W. Sprague Manufacturing Co., for the benefit of their creditors. The action is to recover $100,000, alleged in the complaint to have been loaned on the 7th of Hay, 1874, by Hoyt, Spragues & Co. to the defendant as such assignee, upon his promise to repay the same on demand, with interest.
The defendant by answer…
2Cases cited9 opinions
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