Legal Opinion

Clark v. Gramling

Supreme Court of Arkansas

Decided May 23, 1891PublishedCited by 11 opinions

APPEAL from Greene Circuit Court. E. F. Brown, Special Judge. 1. Parol contemporaneous evidence is inadmissible to vary the terms of a valid written agreement.. 24 Ark., 210; 13 id., 449; 15 id., 543; 11 Johns., 201; Smith, Cont., 94; 36 Ark., 487; 37 id., no. 2. The answer setting up a release by IT. C. Gramling does not constitute a defense. 33 Ark., 572; 2 Gr.

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APPEAL from Greene Circuit Court. E. F. Brown, Special Judge. 1. Parol contemporaneous evidence is inadmissible to vary the terms of a valid written agreement.. 24 Ark., 210; 13 id., 449; 15 id., 543; 11 Johns., 201; Smith, Cont., 94; 36 Ark., 487; 37 id., no. 2. The answer setting up a release by IT. C. Gramling does not constitute a defense. 33 Ark., 572; 2 Gr. Ev., sec. 28 ; 2 Story, Cont., 978; 5 East, 230; 4 Gill & J., 305 ; 3 N. H., 318; 26 Me., 88; 20 Conn., 559, 3. The fact that one of the makers and payees is the .same person, does not render the note void. Tied, on Com. Paper, sec.…

1Opinion of the CourtMansfield, J.

Clark, as administrator of the estate of Witcher, brought this action against R. F. Gramling, Henry C. Gramling and others, to recover a balance due upon a promissory note, executed by the defendants on the 30th -day of September, 1876, and payable twelve months after date “to the order of John Clark and Henry C. Gramling, administrators of William A. Witcher, deceased.” The complaint states the amount and date of a number of payments which are credited upon the note, and prays judgment for the sum remaining unpaid. A judgment by default was taken against all the defendants except the…

2Cases cited1 opinion

  1. Smith v. WhitingMassachusetts Supreme Judicial Court · 1812

3Cited by11 opinions

  1. Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
  2. Robertson v. City National Bank of BowieTexas Supreme Court · 1931
  3. Reynolds v. HillSupreme Court of Oklahoma · 1910
  4. Crawford County Bank v. BakerSupreme Court of Arkansas · 1910
  5. Culbertson v. MannSupreme Court of Oklahoma · 1911

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