Frink v. Green
New York Supreme Court
This cause was tried before Justice Willard, at the Sara-toga circuit, in August, 1848. The suit was brought upon two joint promissory notes for $50 each, dated November, 10,1843, given by the defendants Green, Alonzo Hyde, James E. Spier and John Ellsworth, to the plaintiff, payable, the one, one year after date to the plaintiff or bearer; and the other two years after date, to the plaintiff or bearer. Green and Hyde signed the notes as sureties for the other drawers.
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This cause was tried before Justice Willard, at the Sara-toga circuit, in August, 1848. The suit was brought upon two joint promissory notes for $50 each, dated November, 10,1843, given by the defendants Green, Alonzo Hyde, James E. Spier and John Ellsworth, to the plaintiff, payable, the one, one year after date to the plaintiff or bearer; and the other two years after date, to the plaintiff or bearer. Green and Hyde signed the notes as sureties for the other drawers. The defendant gave in evidence an instrument in writing in the following words: “ Milton, April 2d, 1844. I hereby exonerate…
1Opinion of the Court
By the Court, Paige, P. J.
The instrument in writing given by the plaintiff to the defendant Green, purports, on its face, to be a complete agreement between the parties. This is not the case of an agreement resting partly in writing and partly in parol. Parol evidence of a consideration, therefore, was not admissible as suppletory evidence of the part of an agreement resting in parol, where the whole contract had not been reduced to writing. (Potter v. Hopkins, 25 Wend. 419. Cowen Hill’s Notes, p. 1471 to 1473. 8 Wend. 116, 117. 4 Wash. C. C. Rep. 289.) In Parkhurst v. Van Cortland, (1 John.…
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