Pirsson v. Arkenburgh

Superior Court of New York

Pirsson v. Arkenburgh

12 N.Y.S. 555, 1891 N.Y. Misc. LEXIS 802

CourtThe Superior Court of the City of New York and Buffalo

DecidedJanuary 5, 1891

StatusPublished

This text of 12 N.Y.S. 555 (Pirsson v. Arkenburgh) is published on Counsel Stack Legal Research, covering The Superior Court of the City of New York and Buffalo primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pirsson v. Arkenburgh, 12 N.Y.S. 555, 1891 N.Y. Misc. LEXIS 802 (superctny 1891).

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Opinion

Freedman, J.

The contract between the parties, by which provision was made for the payment or cancellation of the assessment, was deliberately reduced to writing, and duly executed. All prior conversations and negotia[556]*556tians then became merged in the written contract; and consequently the trial judge correctly held that paroi evidence was inadmissible to add to or vary the terms of the written contract. The construction to be placed upon the contract, as evidenced by four written instruments, has been determined upon a former'appeal, 8 N. Y. Supp. 543. It was there held that the contract between the parties was one of indemnity, and not of forfeiture. The direction of the verdict now complained of was in accordance with that decision. The judgment and order should be affirmed, with costs.

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Freedman, J.

The contract between the parties, by which provision was made for the payment or cancellation of the assessment, was deliberately reduced to writing, and duly executed. All prior conversations and negotia[556]*556tians then became merged in the written contract; and consequently the trial judge correctly held that paroi evidence was inadmissible to add to or vary the terms of the written contract. The construction to be placed upon the contract, as evidenced by four written instruments, has been determined upon a former'appeal, 8 N. Y. Supp. 543. It was there held that the contract between the parties was one of indemnity, and not of forfeiture. The direction of the verdict now complained of was in accordance with that decision. The judgment and order should be affirmed, with costs.

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Bluebook (online)

12 N.Y.S. 555, 1891 N.Y. Misc. LEXIS 802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pirsson-v-arkenburgh-superctny-1891.

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