Wooley v. Cobb
Massachusetts Supreme Judicial Court
Contract, against Cyrus Cobb and Darius Cobb, upon a promissory note for $413.40, dated April 16, 1892, payable in three months after date to the order of the plaintiff. Writ dated July 9,1894. Trial in the Superior Court, before Dunbar, J., who allowed a bill of exceptions, in substance as follows.
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Contract, against Cyrus Cobb and Darius Cobb, upon a promissory note for $413.40, dated April 16, 1892, payable in three months after date to the order of the plaintiff. Writ dated July 9,1894. Trial in the Superior Court, before Dunbar, J., who allowed a bill of exceptions, in substance as follows. There was evidence tending to show that the note in suit was delivered to one Chevalier for the plaintiff; that the consideration therefor was the cancellation of a note of earlier date, which had been given by the defendants to Chevalier, a witness for the plaintiff; and that the consideration…
1Opinion of the CourtKnowlton, J.
The consideration of the note in suit was the cancellation of a note of earlier date, given by the defendants for money lent to them by the plaintiff. This was a good and valuable consideration.
The evidence offered by the defendants, to show that at the time of giving each of the notes it was orally agreed that payment was not to be called for until after certain paintings of the defendants had been sold, was rightly excluded. The offer was an attempt to vary the written contract by parol. Adams v. Wilson, 12 Met. 138. Perkins v. Young, 16 Gray, 389. Tower v. Richardson, 6 Allen, 351. Currier…
2Cases cited1 opinion
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