Walker v. Crawford

Citations

• 56 Ill. 444

Syllabus

<p>1. Parol evidence—to vary the terms of a promissory note. It is an inflexible rule that the maker of a promissory note, absolute on its face, can not show, as a defense thereto, even against the payee, an oral contemporaneous agreement which makes the note payable only on a contingency.</p> <p>2. Where, in an action on a note by the payee against the maker, the defendant pleaded the general issue and filed therewith a notice of special matter, in substance, that the note was delivered conditionally, or as a collateral security for the performance of a parol promise or agreement by the maker, which he was prevented from performing by the act of the payee, in refusing to accept of the same, alleging his readiness to perform and tender thereof, and the payment into court of the sum due upon said promise or agreement, evidence offered to sustain such notice was held inadmissible.</p> <p>3. Plea op payment—evidence thereunder. But had the defendant pleaded such facts as payment, or that the note was given without consideration, or that the consideration had wholly or in part failed, the evidence might have been admissible.</p>