Carolina Nat. Bank v. Wilson
Decision Date | 04 February 1929 |
Docket Number | (No. 12669.) |
Citation | 150 S.E. 765 |
Court | South Carolina Supreme Court |
Parties | CAROLINA NAT. BANK . v. WILSON et al. |
Appeal from Richland County Court; M. S. Whaley, Judge.
Action by the Carolina National Bank against W. Harold Wilson, Cole L. Blease, and another. Judgment for plaintiff, and defendant last named appeals. Affirmed.
C. T. Graydon, of Columbia, for appellant
Moorman & Moorman and R, B. Herbert, all of Columbia, for respondent.
THURMOND, A. A. J. This action was instituted in the county court of Richland county by the Carolina National Bank against Cole L. Blease as an indorser of a promissory note for $1,000, executed by W. Harold Wilson September 29, 1924, and payable 90 days after date to. the order of said bank for value received.
The defendant set up what he called a conditional indorsement of the note, and offered testimony to prove the same, but upon objection made by plaintiff's attorneys, the testimony was excluded upon the ground that parol testimony was not admissible to vary the note, a written instrument
The complaint was in the usual form of a complaint on a negotiable note. The answer by the defendant reads:
Exceptions 1, 2, 3, 4, and 5 raise in one form or another but one issue, to wit, should parol testimony have been admitted to vary the note.
The defendant contends that his indorsement was conditional; the condition being that said note was to be destroyed upon return to the city of the indorsers of a former note to the bank, which represented the same debt that the present note evidences.
Extension of time for the payment of an obligation is sufficient consideration for a new note evidencing the same debt.
As between the same parties the defense of conditional delivery in a proper case may be set up. See Code of Daws of South Carolina, 1922, vol. 3, § 3667.
In Ware v. Allen, 128 U. S. 590, 9 S. Ct. 174, 32 L. Ed. 563, held:
It will be observed from the authorities quoted herein that an agreement for conditional delivery is open to investigation and to be shown by parol testimony only before the delivery is complete, and not afterward.
In McDowall v. Beckly, 2 Mill. Const. 265, Justice Nott delivering the opinion of the court said:
The author at page 1030, 16 R. C. L., says: "When a writing, upon its face, imports to be a complete expression of the whole agreement, and contains thereon all that is necessary to constitute a contract, it is presumed that the parties have introduced into it every material item and term, and parol evidence is not admissible to add another term to the agreement, although the writing contains nothing on the particular item to which the parol evidence is directed."
In Cline v. Farmers' Oil Mill, 83 S. C. 204, 65 S. E. 272, held: "A simple promissory note for $150, for one bay mare...
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