Mendenhall v. . Davis
Supreme Court of North Carolina
Civil action, on the endorsement of a bond, tried before Tourgee, J., at Spring Term, 1874, of the Superior Court of GuilfoRD county. The following are the facts pertinent to the points decided in this Court: In December, 1863, the plaintiff loaned the defendant $2,000 in bank bills, and took his bond with security for its payment.
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Civil action, on the endorsement of a bond, tried before Tourgee, J., at Spring Term, 1874, of the Superior Court of GuilfoRD county. The following are the facts pertinent to the points decided in this Court: In December, 1863, the plaintiff loaned the defendant $2,000 in bank bills, and took his bond with security for its payment. Payments had bee,n made on this bond, reducing it to about $1,600 on the 24th March, 1865. At that time, the defendant, who held a certain bond on one Thom and others, which he had obtained from the administrator, one Stafford, in the settlement of his wife’s share…
1Opinion of the CourtRodmait, J.
The defendant offered to prove that at the time when he wrote his name on the back of the note of Thom and others and delivered the same to the plaintiff, it was understood and agreed between them, that such indorsement should have no other effect than to assign the property in the note to the plaintiff, and to guaranty him against its confiscation by the United States. His Honor, the Judge below, excluded the evidence, on the ground that parol evidence was inadmissible to alter or explain a written instrument.
The rule upon which his Honor acted is unquestionable ; but we think he was…
2Cases cited1 opinion
- Perkins v. CatlinSupreme Court of Connecticut · 1836
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