Anderson v. Matheny

Citations

• 17 S.D. 225
• 95 N.W. 911
• 1903 S.D. LEXIS 21

Syllabus

<p>Under Comp. Laws 1887, § 3545, providing that “the execution of a contract in writing* * * supersedes all oral negotiations or stipulations concerning its matter, which preceded or accompanied the execution of the instrument,” the surety on a note cannot show by parol that he signed under an agreement that, in consideration of the surety’s transfer to the maker of the former’s interest in a firm composed of himself and the maker, the payee would proceed on a mortgage given by the maker, before requiring payment from the surety.</p> <p>Corson J., dissenting.</p>