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Gelman v. Wendrick

Appellate Court of Illinois, Chicago, First District
Feb 28, 1944
321 Ill. App. 639 (Ill. App. Ct. 1944)

Summary

In Gelman v. Wendrick (1944), 321 Ill. App. 639, 53 N.E.2d 479; Chandler v. Chandler (1945), 326 Ill. App. 670, 63 N.E.2d 272; and Jones v. Albee (1873), 70 Ill. 34, the attempted introduction of parol evidence was for the purpose of showing some verbal agreement between the parties that limited the makers' liability, not to clarify an instrument obviously ambiguous on its face.

Summary of this case from First Bank Trust Co. v. Post

Opinion

Gen. No. 42,829. (Abstract of Decision.)

Opinion filed February 28, 1944

NEGOTIABLE INSTRUMENTS, § 314inadmissibility of parol evidence to show that note was to be paid by corporation which had not signed it. In action on promissory note, brought against natural person by whom note was signed, held that parol evidence, offered by defendant, went merely to proposition that note was to be paid by corporation, which had not signed note, and not by defendant, and was inadmissible.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Cook county; the Hon. DANIEL P. TRUDE, Judge, presiding.

Affirmed upon remittitur; otherwise reversed and remanded. Heard in the first division, first district, this court at the October term, 1943.

Hoyne, O'Connor, Rubinkam Melaniphy, for appellant;

John C. Melaniphy, of counsel; Joseph H. Platt, for appellee.


Not to be published in full. Opinion filed February 28, 1944.


Summaries of

Gelman v. Wendrick

Appellate Court of Illinois, Chicago, First District
Feb 28, 1944
321 Ill. App. 639 (Ill. App. Ct. 1944)

In Gelman v. Wendrick (1944), 321 Ill. App. 639, 53 N.E.2d 479; Chandler v. Chandler (1945), 326 Ill. App. 670, 63 N.E.2d 272; and Jones v. Albee (1873), 70 Ill. 34, the attempted introduction of parol evidence was for the purpose of showing some verbal agreement between the parties that limited the makers' liability, not to clarify an instrument obviously ambiguous on its face.

Summary of this case from First Bank Trust Co. v. Post
Case details for

Gelman v. Wendrick

Case Details

Full title:Morris Gelmam, Appellee, v. C. F. Wendrick, Jr., Appellant

Court:Appellate Court of Illinois, Chicago, First District

Date published: Feb 28, 1944

Citations

321 Ill. App. 639 (Ill. App. Ct. 1944)
53 N.E.2d 479

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