| Joseph S. Bosworth, New York (State). Superior Court (New York) - 1863 - 740 Seiten
...v. Pearce, 2 Kernan, 166; Crary v. Goodman, 2 Kernan, 266.) Peter Y. Cutler, for Plaintiff. I. Parol evidence is inadmissible to contradict or vary the terms of a written instrument. (1 Greenleaf s Evidence, § 275—the reason of the rule is stated in § 281; Durgin v. Ireland, 4... | |
| Nathan Howard (Jr.) - 1866 - 656 Seiten
...the verbal agreement relating to that subject ought therefore to have been admitted. The general rule that " parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument " does not apply in cases where the original contract was verbal and entire,... | |
| Simon Greenleaf - 1866 - 756 Seiten
...possibly, of one of the parties, is rejected.2 In other words, as the rule is now more briefly expressed, " parol contemporaneous evidence is inadmissible, to contradict or vary the terms of a valid written instrument."8 i Dig. lib. 20, tit. 1,1. 4; Id. lib. 22, Civil Law, — Contra scriptum... | |
| Francis Hilliard - 1867 - 664 Seiten
...to conveyancet. 8. Loss of writings. 6. In case of ttase. 15. As to application of writings. § 1. "PAROL contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument;"1 though it may be read by the light of surrounding circumstances, to understand... | |
| Theophilus Parsons - 1868 - 702 Seiten
...seq.), upon whose work Duer so strongly relies in his elaborate discussion, lays down the rule thus : " Parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument" His* subsequent remarks indicate the precise limits within which this rule... | |
| 1896 - 866 Seiten
...Nations, B. '2, sec. 203; Bishop on Contracts, sec. 379; Walker v. Tucker. 70 III. W7. Another is, "Parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument." The Supreme Court of this State has in some cases recognized these principles.... | |
| Charles Sidney Whitman - 1871 - 736 Seiten
...possibly, of one of the parties, is rejected. In other words, as the rule is now more briefly expressed, "parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument." (76., p. 312.) Parol evidence, bearing upon written contracts or papers... | |
| Charles Sidney Whitman - 1871 - 734 Seiten
...possibly, of one of the parties, is rejected. In other words, as the rule is now more briefly expressed, "parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument." (J*.,p.312.) Parol evidence, bearing upon written contracts or papers concerning... | |
| 1876 - 968 Seiten
...one side that these rulings infract the cardinal and salutary rule of evidence that parol testimony is inadmissible to contradict or vary the terms of a written instrument, 386 Report of Decisions. and on the other that the company is estopped, by the assertions and declarations... | |
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