Johnson v. Franklin Bank
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — No» D. D. Fisher, Judge. The terms of the loan were feed by the ninety-day collateral note and can not now be varied by parol testimony ; or, in other words, it can not be shown by parol evidence that it was the intention of the bank and Mr. Johnson to treat the real estate* note as the primary obligation.
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Appeal from St. Louis City Circuit Court. — No» D. D. Fisher, Judge. The terms of the loan were feed by the ninety-day collateral note and can not now be varied by parol testimony ; or, in other words, it can not be shown by parol evidence that it was the intention of the bank and Mr. Johnson to treat the real estate* note as the primary obligation. On the face of the written instrument, Mrs. Johnson’s property stands as surety to the ninety-day collateral note, and parol evidence can not be received to contradict or vary the instrument in this case any more than it can in any other case.…
1Opinion of the CourtMarshall, J.
This is a hill in equity to cancel a deed of trust, dated March 10, 1896, covering lot 13 of block 25, of Gamble’s second subdivision of Rose Hill, in city block 3825, city of St. Louis, the same being the plaintiff’s separate property, securing a note of the same date, for $5,000, made by her husband, payable at one year, to the order of J. L. Hauk, who was a clerk for the defendant bank, and acting for it in the transaction, and to enjoin the sale, assignment or pledge of said note and deed of trust and the foreclosure of the deed of trust.
The gravamen of the plaintiff’s case is that- her…
2Cases cited10 opinions
- Vogel v. LeichnerIndiana Supreme Court · 1885
- The Bank of Albion v. . BurnsNew York Court of Appeals · 1871
- Trentman v. EldridgeIndiana Supreme Court · 1884
- Smith v. . TownsendNew York Court of Appeals · 1862
- Hubbard v. OgdenSupreme Court of Kansas · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Harris v. ReedIdaho Supreme Court · 1912
- Bushman v. BarlowSupreme Court of Missouri · 1929
- Keyser v. HinkleMissouri Court of Appeals · 1907
- Board of Education v. National Surety Co.Supreme Court of Missouri · 1904
- Higgins v. EvansSupreme Court of Missouri · 1905
7 more not listed; retrieve them via the Exa API.