Barnard v. Gaslin
Cited by
- Burwell v. Gaylord 138 N.W. 685 Minn. 1912
- People's Bank v. Rockwood 61 N.W. 457 Minn. 1894
- Farwell v. St. Paul Trust Co. 48 N.W. 326 Minn. 1891
- Coon v. Pruden 25 Minn. 105 Minn. 1878
Authorities cited
Identified automatically; this list may not be exhaustive.
- Levering & Morton v. Washington 3 Minn. 323
- Kern v. Von Phul, Waters & Co. 7 Minn. 426
- First National Bank of St. Paul v. National Marine Bank of St. Paul 20 Minn. 63
Opinion text
Gilfillan, C. J. The defendant Gaslin, who had endorsed a note payable to his order, and which was delivered to the plaintiff, is attempted to be held upon the note, notwithstanding failure to seiwe him with notice of non-payment, by oral testimony that the actual contract between the jiarties was other than that of endorser and endorsee. No fraud or mistake, such as to avoid the endorsement, or justify a reformation of the written contract, is alleged. The case comes within the rule laid down in Levering v. Washington, 3 Minn. 323 ; Kern v. Von Phul, 7 Minn. 426 ; First National Bank v. National Marine Bank, 20 Minn. 63, which held that oral testimony was not competent to vary the contract of endorsement. Order affirmed.