Robinson v. Barnett

Citations

• 18 Fla. 602

Syllabus

<p>,1.' The rulé is well settled' that1 paról évidenoe is inadmissible to coni ' trádict or vary the terms of a valid written instrumeht.</p> <p>2. It is oftentimes allowable to show contemporaneous facts and cir- : ‘ cumstanees attending the negotiation of parties in making-con- , tracts, as such facts and circumstances may throw light on the. disputed contract itself.</p> <p>3. B. sued R. as payee and éndorser upon a promissory notei'1 At the ' maturity of the npté'the cashier of B. called upon R. for paymórit. .' i R. declined to pay it, alleging that his signature as endorser was a .forgery, but to save the costs of a protest he wrote over such alleged forged signature the words “ protest waived:” Held, That on the trial R. could give in evidence the facts, and the conversation had by him with cashier of B. at the time those words were written, as .Contemporaneous facts and circumstances,.to rebut the ,presumption that by writing those words he intended to adopt the signature as his own.</p>