Knox v. Clifford
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Portage County. Action to recover the sum due on a note of defendant, for $788, bearing date, St. Louis, Mo., March 14, 1874, payable at the McCulloch Bank, Stevens Point, Wis., to the order of J. H. Cronkhite. The note was indorsed to the plaintiff before maturity, and was duly protested, of which notice was duly given.
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APPEAL from tbe Circuit Court for Portage County. Action to recover the sum due on a note of defendant, for $788, bearing date, St. Louis, Mo., March 14, 1874, payable at the McCulloch Bank, Stevens Point, Wis., to the order of J. H. Cronkhite. The note was indorsed to the plaintiff before maturity, and was duly protested, of which notice was duly given. The answer alleged that the note was delivered upon the express condition that it should not be negotiated by the payee; and that defendant was not at the time of its negotiation, and is not now, indebted thereon in any sum; of all which the…
1Opinion of the CourtCole, J.
No time need be spent in considering the exception taken to the ruling of the court below striking out the evidence relating to a parol agreement, made when the note was given, to the effect that the note was not to be negotiated by the payee. That evidence directly tended to vary the terms of the note, which was negotiable. The rule is elementary, that a written contract cannot thus be contradicted or varied by parol testimony.
Against the plaintiff’s objection, the defendant was allowed to go into the question of the consideration of the note. In doing so, he clearly proved by his own…
2Cases cited2 opinions
- Hill v. SherwoodWisconsin Supreme Court · 1854
- Cook v. HelmsWisconsin Supreme Court · 1856
3Cited by17 opinions
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- Arnd v. SjoblomWisconsin Supreme Court · 1907
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