Squier v. Evans
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. The evidence that Squier refused to bind himself in writing, but verbally agreed with defendants, before the execution of the written guaranty, to stand his proportion of the loss, was inadmissible, and the plaintiff is entitled here to the judgment which he should have been given below.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. The evidence that Squier refused to bind himself in writing, but verbally agreed with defendants, before the execution of the written guaranty, to stand his proportion of the loss, was inadmissible, and the plaintiff is entitled here to the judgment which he should have been given below. The rule that parol ■evidence can not vary the terms of a written contract is 'well settled, and has recently been considered at large and enforced by this court. State ex rel. y. Hoshaw, 98 Mo. 358; Morgan v. Porter, 103 Mo. 135; Tracy v. Iron…
1Opinion of the CourtBurgess, J.
On March 8, 1891, the Kansas City Agricultural and Horticultural Pair Association, a corporation, was indebted in various amounts aggregating about the sum of $53,000. The company issued $75,000 of bonds, and executed a mortgage on all of its property to secure their payment. On March 8,1891, plaintiff loaned the company the sum of $53,000 and took its note therefor, and to secure its payment the com*516pany pledged to plaintiff $60,000 in its bonds, which it had theretofore issued, and, with the money borrowed, paid all the debts of the corporation, including some of its notes for $20,000, upon…
2Cases cited15 opinions
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Baile v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1881
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- Boyd v. PaulSupreme Court of Missouri · 1894
- Fontaine v. Boatmens' Savings InstitutionSupreme Court of Missouri · 1874
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3Cited by5 opinions
- Edwards v. LatimerSupreme Court of Missouri · 1904
- Harrington v. Brockman Commission Co.Missouri Court of Appeals · 1904
- Tobin v. McArthurWashington Supreme Court · 1910
- Mechanics Bank v. TerryMissouri Court of Appeals · 1896
- Third National Bank v. St. Charles Savings BankSupreme Court of Missouri · 1912