30 Minn. 313 | Minn. | 1883
Action on a note to be paid in chattels, made by defendants Krumweide and Heil, payable to plaintiff. On its face the note is complete, there being nothing to indicate that any one else was to sign it, or that it was not to take effect as to both makers immediately on delivery. The defendant Heil alleges as a defence, in substance, that he signed the note as surety; that, at the time of signing, it was agreed between him and plaintiff that the latter should procure to it the signature of one Gehring as a surety, and, unless Gehring signed, it should be null as to Heil; and that the note was delivered to plaintiff for the purpose of getting Gehring’s signature; and that Heil was to incur no liability until Gehring should sign, and that he did not sign it. On the trial Heil offered and was permitted, against plaintiff’s objection to its competency, to prove by parol the defence thus alleged. The competency of such evidence is the only question in the ease. - .
The objection to the evidence is that it is an attempt by parol to.
Following the great weight of authorities, we hold the evidence to have been competent.
Order affirmed.