Tisloe v. Graeter

Decided May 12, 1825

Indiana Supreme Court · decided 1825-05-12

— Assumpsit by Tisloe against Graeter for money deposited for safe-keeping, and for money had and received. Pleas, non-assumpsit and payment. Verdict and judgment for the defendant.

Good law ✅— No negative treatment on recordhow we know

Decided 1825-05-12

How this case has been cited

Cited by 14 later decisions — most recently December 1902

1 federal appellate · 13 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Blackford, J.

¶1It is shown by a bill of exceptions, that upon the trial of this cause, the plaintiff gave in evidence the following receipt: “Reed. Vincennes, Sep. 14th, 1822, of P. Tisloe, 200 dollars for safe-keeping. — Ch. Graeter.” The defendant offered parol testimony to prove, “that the money in the receipt mentioned was not deposited for safe-keeping as therein stated, but was paid to the defendant in payment of a certain debt;* which evidence was objected to, but admitted by the Court. This, parol evidence should have been rejected. It goes to contradict, in the most express and direct terms, the written contract of the parties. W ritten testimony may be explained, but not directly contradicted, by parol evidence (1).

Per Curiam.

¶2The judgment is reversed, and the verdict set aside, with costs. Cause remanded, Sic.

¶3 Vide Chitt. on Cont. 22 — 28. Odam v. Beard, ante, p. 191, and note.