 And when the writing itself upon its face is couched in such terms as import a complete legal obligation without any uncertainty as to the object or extent of the engagement, it is conclusively presumed that the whole engagement of the parties, and the...  The Insurance Law Journal - Seite 8801900Vollansicht - Über dieses Buch
 | 1908
...contracting parties to a written contract on the ground that the promis« was collateral, the promise must not only be collateral, but must relate to a subject distinct from that to which thp written contract applies." The learned justice Illustrates by saying "that a warranty of the quality... | |
 | New York (State). Supreme Court. Appellate Division - 1897
...written paper to be a complete and final statement of the whole of the transaction between them. * * * It must not be SO closely connected with the principal...upon its face, is couched in such terms as import a complete legal obligation, ieithout any uncertainty as to the object or extent of the engagement, it... | |
 | 1924
...probably intended by the parties, evidence of it is admitted, but that such collateral agreement mnst relate to a subject distinct from that to which the written contract applies. The mortgage exhibited with the bill evidenced a conveyance of realty with defeasance upon the payment... | |
 | Missouri. Courts of Appeals - 1916
...written paper to be a complete and final statement of the whole of the transaction between them. But such an agreement must not only be collateral, but...writing itself upon its face is couched in such terms as impart a complete legal obligation without any uncertainty as to the object or extent of the engagement,... | |
 | Iowa. Supreme Court - 1908
...cannot be shown. An agreement which may be proven by parol evidence must not only be collateral, but it must relate to a subject distinct from that to which...principal transaction as to form part and parcel, of it." Seitz v. Brewers, 141 US 510 (12 Sup. Ct. 46, 35 L. Ed. 87); Naumberg v. Young, 44 NJ Law, 331 (43... | |
 | 1916
...indisputably composed of citizens of such State." (St. Louis, etc., Ry. Co. v. James, 161 US, 545, 554.) And, "when the writing itself, upon its face, is couched in such terms as import a complete legal obligation, * * * it is conclusively presumed that the whole engagement of the parties,... | |
 | Isaac Grant Thompson - 1883
...the promise was collateral, the promise must not only be collateral but must, as in Lindley v. Lacey, relate to a subject distinct from that to which the written contract applies. In Button v. Gerrish, 9 Gush. 89, a warehouse was let by a written lease. Parol evidence of a warranty... | |
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