La Grande National Bank v. Blum
Oregon Supreme Court
Appeal from Union: Morton D. Clippord, Judge. This is an action by the La Grande National Bank against N. Blum and Ben W. Grandy on a promissory note for one thousand three hundred and forty-six dollars and sixty-six cents, executed and delivered to the plaintiff by defendants on February twelfth, eighteen hundred and ninety-two, payable three months after date. The complaint is in the usual form.
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Appeal from Union: Morton D. Clippord, Judge. This is an action by the La Grande National Bank against N. Blum and Ben W. Grandy on a promissory note for one thousand three hundred and forty-six dollars and sixty-six cents, executed and delivered to the plaintiff by defendants on February twelfth, eighteen hundred and ninety-two, payable three months after date. The complaint is in the usual form. The answer admits the execution and delivery of the note, but, as a defense, avers, in substance, that at the time of such execution and delivery plaintiff was the owner and in possession of two…
1Opinion of the Court
Opinion by
Mr. Justice Bean.
The contention for the plaintiff is that the allegations of the answer, and the evidence tending to support it, violated the well-settled rule of law that a written contract cannot be contradicted or varied by parol evidence. This rule is not questioned, but the answer and evidence excluded did not contradict the terms of the promissory note sued on; they merely tended to show that it was delivered to take effect as an unconditional binding obligation upon the defendants only in the event of Blum’s failure to comply with his agreement to account for the Ramsay…
2Cases cited4 opinions
- Howard v. StrattonCalifornia Supreme Court · 1884
- Hazzard v. DukeIndiana Supreme Court · 1878
- Maltz v. FletcherMichigan Supreme Court · 1884
- Dicken v. MorganSupreme Court of Iowa · 1880
3Cited by9 opinions
- Lumbermen's Nat. Bank v. CampbellOregon Supreme Court · 1912
- La Grande National Bank v. BlumOregon Supreme Court · 1895
- Vincent v. RussellOregon Supreme Court · 1921
- Colvin v. GoffOregon Supreme Court · 1916
- Bank of Freewater v. HyettOregon Supreme Court · 1931
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