Wooley v. Cobb

Massachusetts Supreme Judicial Court

Wooley v. Cobb

43 N.E. 497, 165 Mass. 503, 1896 Mass. LEXIS 306

Massachusetts Supreme Judicial Court·Decided April 1, 1896·Published·Cited by 14 cases

Opinion

Knowlton, J.

The consideration of the note in suit was the cancellation of a note of earlier date, given by the defendants for money lent to them by the plaintiff. This was a good and valuable consideration.

The evidence offered by the defendants, to show that at the time of giving each of the notes it was orally agreed that payment was not to be called for until after certain paintings of the defendants had been sold, was rightly excluded. The offer was an attempt to vary the written contract by parol. Adams v. Wilson, 12 Met. 138. Perkins v. Young, 16 Gray, 389. Tower v. Richardson, 6 Allen, 351. Currier v. Hale, 8 Allen, 47.

Exceptions overruled.

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Knowlton, J.

The consideration of the note in suit was the cancellation of a note of earlier date, given by the defendants for money lent to them by the plaintiff. This was a good and valuable consideration.

The evidence offered by the defendants, to show that at the time of giving each of the notes it was orally agreed that payment was not to be called for until after certain paintings of the defendants had been sold, was rightly excluded. The offer was an attempt to vary the written contract by parol. Adams v. Wilson, 12 Met. 138. Perkins v. Young, 16 Gray, 389. Tower v. Richardson, 6 Allen, 351. Currier v. Hale, 8 Allen, 47.

Exceptions overruled.

Wooley v. Cobb, 43 N.E. 497, 165 Mass. 503, 1896 Mass. LEXIS 306 (Mass. 1896).

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Opinion

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