McCormick Harvesting Machine Co. v. Faulkner
South Dakota Supreme Court
Appeal from circuit court, Faulk county. Hon. H. G< Fuller, Judge. Action on promissory notes. Defendant had judgment and plaintiff appeals. The facts are stated in the opinion. A note cannot be delivered to the payee as an escrow. Henshaw v. Dutton, 59 Mo. 139; Hubbard v. Greeley, 24 Atl. 799; Garner v. Fite, 9 S. 367. Parol evidence cannot be admitted to vary the terms of a promissory note.
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Appeal from circuit court, Faulk county. Hon. H. G< Fuller, Judge. Action on promissory notes. Defendant had judgment and plaintiff appeals. The facts are stated in the opinion. A note cannot be delivered to the payee as an escrow. Henshaw v. Dutton, 59 Mo. 139; Hubbard v. Greeley, 24 Atl. 799; Garner v. Fite, 9 S. 367. Parol evidence cannot be admitted to vary the terms of a promissory note. Brown v. Wiley, 20 How. 442; Gaar v. Louisville, 11 Bush. 180. A contract may be explained by reference to the circumstances under which it was made and the matter to which it relates. Osborne v.…
1Opinion of the CourtCorson, P. J.
This was an action upon two promissory notes executed by the defendant. The defendant, in his answer, admits that he executed the instruments,' but alleges as a defense that the notes were not executed and delivered to said plaintiff as promissory notes; alleges that said plaintiff promised and agreed with the defendant, at the time of the delivery of said pretended notes, that said instruments would not be used as promissory notes against defendant, unless the said plaintiff also secured the signature of *365one George Smith to said instruments, and then said instruments were to be the joint…
2Cases cited12 opinions
- Ware v. AllenSupreme Court of the United States · 1888
- Pawling and Others v. The United StatesSupreme Court of the United States · 1808
- Wilson v. PowersMassachusetts Supreme Judicial Court · 1881
- Burson v. HuntingtonMichigan Supreme Court · 1870
- Johnson v. BurnsideSouth Dakota Supreme Court · 1892
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3Cited by19 opinions
- First State Bank v. KellyNorth Dakota Supreme Court · 1915
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- Hunter v. First National BankIndiana Supreme Court · 1909
- Eggers v. EggersSouth Dakota Supreme Court · 1961
- Reliance Life Insurance v. Gulley's AdministratrixSupreme Court of Virginia · 1922
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