Thompson v. Layman
Decision Date | 18 July 1889 |
Citation | 41 Minn. 295,42 N.W. 1061 |
Parties | THOMPSON v LAYMAN. |
Court | Minnesota Supreme Court |
OPINION TEXT STARTS HERE
(Syllabus by the Court.)
A certificate, under seal, of payment of a mortgage and note accompanying it, and authorizing the register of deeds to discharge the mortgage on the record, may, in an action on the note, be contradicted by parol.
Appeal from district court, Hennepin county; REA, Judge.
Action by Nathaniel R. Thompson, administrator of Martin Layman, deceased, against Arletta L. Layman. Judgment for plaintiff, and defendant appeals.
Hart & Brewer, for appellant.
Laing & Wyman, for respondent.
The action being upon a promissory note executed by defendant, payable to Martin Layman, of whose estate plaintiff is administrator, the defendant under an answer alleging payment of the note introduced in evidence this instrument: MARTIN LAYMAN. [Seal.] “Executed in the presence of,” etc. And thereupon plaintiff was permitted, against the objection of the defendant that the evidence was incompetent and immaterial, to prove by parol that the note and mortgage were not in fact paid. The competency of parol evidence to contradict the writing is the only question in the case. That a mere receipt-that is, a written admission, of the fact of payment and receipt of money-may be contradicted by parol is not questioned. It is urged, however, that a release cannot be contradicted by parol, and that is true of a technical release. This is not a release in that sense. Such a release is in the nature of a contract-abandoning or relinquishing a claim. It operates to discharge a contract not by performance of it according to its terms, for such...
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Berryman v. Dore
... ... may be reviewed by parol." (Soule v. Soule, ... 157 Mass. 451, 32 N.E. 663; Thompson v. Avery, 11 ... Utah 214, 39 P. 829.) ... Whitcomb, ... Cowen & Clark, for Respondents ... There ... can be but one action ... receipt, and nothing more. The correct rule applicable, and ... the reasons for it, are well stated in Thompson v ... Layman, 41 Minn. 295, 42 N.W. 1061, a case involving the ... precise question presented here. The court said: ... "That ... a mere receipt--that ... ...
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McCarty v. Sauer
... ... This ... holding is supported by the weight of authority ... ( Berryman v. Dore, 43 Idaho 327; Thompson v ... Layman, 42 N.W. 1061 (Minn.); Thompson v ... Avery, 39 P. 829 (Utah); Beal v. Stevens, 14 P ... 186 (Calif.); Soule v. Soule, 32 ... ...
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Wallner v. Schmitz
...be a performance of the contract according to its terms but by voluntary surrender of the right to require a performance. Thompson v. Layman, 41 Minn. 295, 42 N.W. 1061; Johnson v. Madson, 171 Minn. 499, 214 N.W. 477; Moffat v. White, 203 Minn. 47, 279 N.W. 732. A release itself is a contra......
- Nathaniel R. Thompson, Administrator v. Arletta L. Layman