Hill v. Hart

Citations

• 23 N.M. 226
• 167 P. 710

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. There is no conflict between the written ■ and printed portions of a promissory note wher'e the written portion of the note provides for the payment of interest, and the printed portion provides, “with interest at the rate of nine per cent-per annum from maturity date,” the word “date” being written, it being the intention of the parties that the amount specified should draw interest only fr'om maturity date; hence there was no occasion to apply the rule that the written portion should prevail over the printed portion. 231</p> <p>2. The principle that parol evidence is not admissible to vary the terms of a written instrument is not infringed when the evidence is used for the purpose of ascertaining the meaning; of doubtful expressions in the instrument. 232</p> <p>3. Where a promissory note is payable to a given person or order, and is transferred to another by such person, without indorsement, such note is subject to any defense which existed against the note in the hands of the original payee.</p> <p>Page 234</p>