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65 Miss. 1

Martin v. Smith

Mississippi Supreme Court

Decided October 15, 1887

Mississippi Supreme Court · decided 1887-10-15

Hon. Ralph North, Judge. George H. Smith brought this action against Eugene Martin to recover on the following instrument: $500.00. “ Vicksburg, Miss., December 28, 1881. “Ninety days after date pay to the order of George H. Smith, five hundred dollars. Value received, and charge the same to account of, as advised, “ Eug.

Cited by 2 later decisions — most recently February 2001

2 state decisions

Relies on Mechanics' Bank of Alexandria v. The Bank of Columbia · Baldwin v. Bank of Newbury · Haile v. Peirce

Good law ✅— No negative treatment on recordhow we know

Decided 1887-10-15

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Arnold, J.,

¶1delivered the opinion of the court.

¶2It was competent to prove the facts averred in appellant’s third and amended plea by parol testimony, and they were sufficient to relieve him from personal liability. There are authorities to the contrary, but the doctrine established in this State sustains the "Validity of such pleas, at least as between the original parties to the transaction, and it is well supported by authority. Davis v. Hen*3derson, 25 Miss. 549; Hardy v. Pilcher, 57 Id. 18; 1 Parson’s Notes and Bills, 168; 1 Daniel on Neg. Insts. § 418; McClellan v. Reynolds, 49 Mo. 312 ; Haile v. Pierce, 32 Md. 327; Baldwin v. Bank of Newbury, 1 Wall. 234; Mechanics’ Bank v. Bank of Columbia, 5 Wheat. 326 ; Babcock v. Beman, 11 N. Y. 200 ; Mott v Hicks, 13 Am. Dec. 550, and notes.

¶3It is true that generally extrinsic testimony is not admissible to vary or explain negotiable instruments; but one exception to the rule is, that when anything appears on the face of the paper to suggest a doubt as to the party bound, or the character in which any of the signers acted in affixing his name, parol testimony may be admitted, as between the original parties, to show the true intent and meaning of the parties. Authorities supra. Enough appears on the face of the bill sued on in the case at bar, to bring it within this exception.

¶4The demurrer is overruled, the judgment reversed, and the case, remanded for further proceedings.

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