Bohn Manufacturing Co. v. Harrison
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County. Action on bill of exchange. Demurrer to defendant’s answer was sustained by Buck, J., and judgment rendered for plaintiff. The other facts fully appear in the following statement by De Witt, J. The defendant appeals from a judgment rendered upon the sustaining of plaintiff’s demurrer to the answer.
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Appeal from First Judicial District, Lewis and Clarice County. Action on bill of exchange. Demurrer to defendant’s answer was sustained by Buck, J., and judgment rendered for plaintiff. The other facts fully appear in the following statement by De Witt, J. The defendant appeals from a judgment rendered upon the sustaining of plaintiff’s demurrer to the answer. The complaint alleges that on November 27, 1889, defendant accepted a bill of exchange drawn by the plaintiff for $850, at thirty days from that date. The bill was not paid by defendant when due, and was duly protested. The demand for…
1Opinion of the CourtDe Witt, J.
The first matter for consideration in this case is whether it was an offer to vary or contradict the terms of a written instrument, when the defendant pleaded in his answer that it was understood between plaintiff and defendant that the acceptance of the bill of exchange should not be a waiver of the counterclaims which defendant alleged he then held against the plaintiff. It is our opinion that the pleading of this matter was not an offer of parol testimony to vary the terms of a written instrument. It is not the terms of the written instrument that are sought to be varied or contradicted by…
2Cases cited2 opinions
- Reid v. FieldSupreme Court of Virginia · 1887
- Fisher v. BriscoeMontana Supreme Court · 1890
3Cited by2 opinions
- McCaull-Dinsmore Co. v. StevensMontana Supreme Court · 1921
- Bennett v. TillmonMontana Supreme Court · 1896