First Nat. Bank & Trust Co. v. Limpp
Decision Date | 06 December 1926 |
Docket Number | No. 15783.,15783. |
Citation | 288 S.W. 957 |
Court | Missouri Court of Appeals |
Parties | FIRST NAT. BANK & TRUST CO. v. LIMPP. |
Appeal from Circuit Court, Buchanan County; L. A. Vories, Judge.
Action on a promissory note, brought by the First National Bank & Trust Company against Strausie V. Limpp. Judgment for plaintiff, and defendant appeals. Affirmed.
Mytton & Parkinson, of St. Joseph, for appellant.
E. G. Robison and J. J. Robison, both of Maysville, for respondent.
This is an action on a promissory note. At the conclusion of the testimony the court directed a verdict for plaintiff, resulting in the jury finding for plaintiff in the sum of $6,563. Defendant has appealed.
The facts show that defendant, Strausie V. Limpp, and one Wilbur R. Limpp, were and are husband and wife; that some time in the spring or summer of 1922 defendant's husband owed plaintiff and the Citizens' National Bank of King City equal sums of money represented by his notes to the respective banks. Defendant did not owe or was she obligated to pay any part of this indebtedness. The court sustained plaintiff's objection to the following offer of proof made by the defendant, which forms the basis of the defense to this action:
Plaintiff's objection to this offer was based upon the ground that such evidence would tend to vary the terms of the note, thus violating the parol evidence rule. And, further, on the ground that the offer of proof did not show that Frank McKinney was acting in the scope of his authority as an officer of the banks. Defendant contends the parol evidence rule is not applicable to the defense offered in this case because such rule does not extend so far as to preclude the admission of extrinsic evidence to show a prior or contemporaneous collateral parol agreement consistent with the terms of the...
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