Wagner v. Kohn

Citations

• 225 F. 718
• 140 C.C.A. 592
• 1915 U.S. App. LEXIS 2137

Syllabus

<p>1. Evidence @=>441—Parol Evidence—Varying Note.</p> <p>As between the maker of a collateral note and the payee thereof, the maker is liable on the note according to its terms, which cannot be overcome by a parol understanding that a third person would pay it.</p> <p>[Ed. Note.—For other cases, see Evidence, Cent. Dig. §§ 1719, 1723-1763, 1765-1845, 2030-2047; Dec. Dig. @=>441.]</p> <p>2. Bills and Notes @=>135—Collateral Note—Conversion by Maker— Rigiits and Liabilities of Parties.</p> <p>Where a note rec-ited a promise to pay a specified sum, with interest, and a deposit with the payee as collateral of certain bonds of a company, and it appeared that the money for which the note was given was money advanced by the payee to enable the company to discharge its debt to the maker, and the understanding between the company and the maker was that the company would pay the note, and the payee exchanged the bonds for other bonds, and a receiver of the payee sold the other bonds for more than the amount of the note, the maker was entitled to liavo the proceeds used for the payment of the note.</p> <p><@Es>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>Note.—For other cases, see Bills and Notes, Cent. Dig. § 332; Dec. Dig. <£=»135.]</p> <p>other cases soo same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>