First State Bank v. Kelly
North Dakota Supreme Court
Appeal from the District Court of Bottineau County, Burr, J. Judgment for defendant, and plaintiff appeals. Oral evidence of a collateral agreement is inadmissible. 17 Cyc. 589, 644; 1 Ene. Ev. 453; 1 Dan. Neg. Inst. § 80; Joyce, Defenses to Com. Paper, 320; 3 Randolph, Com. Paper, § 1901; 4 Am. & Eng. Enc. Law, 2d ed. 146 — 484; American Gas & Ventilating Mach. Co. 43 L.R.A. 453, note.
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Appeal from the District Court of Bottineau County, Burr, J. Judgment for defendant, and plaintiff appeals. Oral evidence of a collateral agreement is inadmissible. 17 Cyc. 589, 644; 1 Ene. Ev. 453; 1 Dan. Neg. Inst. § 80; Joyce, Defenses to Com. Paper, 320; 3 Randolph, Com. Paper, § 1901; 4 Am. & Eng. Enc. Law, 2d ed. 146 — 484; American Gas & Ventilating Mach. Co. 43 L.R.A. 453, note. The execution of a contract in writing, whether the law requires it or not, supersedes all oral negotiations or stipulations concerning the matter which preceded or accompanied the execution of the instrument.…
1Opinion of the CourtChristianson, J.
This is an appeal from the judgment and an order of the district court of Bottineau county denying plaintiff’s alternative motion for judgment notwithstanding the verdict or for a new trial. The action was brought to recover upon a promissory note in the sum of $730.30, which it is alleged was executed and delivered to the plaintiff by the defendant for value. ■ The complaint is in the usual form, and the answer alleges that the plaintiff induced the defendant, by means of fraud and misrepresentation and without consideration, to affix his signature to an instrument presented by the plaintiff…
2Cases cited28 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Ware v. AllenSupreme Court of the United States · 1888
- Cruikshank v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1899
- Cathey v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1911
- Meehan v. Great Northern Railway Co.North Dakota Supreme Court · 1904
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3Cited by66 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Shelton v. Southern Railway Co.Supreme Court of North Carolina · 1927
- Verry v. MurphyNorth Dakota Supreme Court · 1968
- Perry v. BeverageWashington Supreme Court · 1922
- Bushnell v. ElkinsWyoming Supreme Court · 1926
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