Delman v. Cohen

The opinion of the court was delivered by

Perskie, J.

The gravamen of this appeal is the propriety of the trial court’s action in excluding certain parol evidence hereinafter set forth. The fundamental question confronting the court below was whether this evidence tended to show a conditional delivery by the makers to the payees of the notes in suit, or a delivery upon an alleged oral agreement that upon the happening of a subsequent event there would be no liability and the instruments would cease to exist. If the proffered evidence tended to show a conditional delivery it should have been…