Clarke v. Allen

Supreme Court of Pennsylvania
Clarke v. Allen, 132 Pa. 40 (Pa. 1890)
18 A. 1071; 1890 Pa. LEXIS 765
Clark, Green, McCollum, Mitchell, Sterrett, Williams

Clarke v. Allen

Opinion of the Court

Per Curiam:

In Martin v. Berens, 67 Pa. 459, it was said by the late Mr. Justice Williams, that “where parties, without any fraud or mistake, have deliberately put their engagements in writing, the law declares the writing to be not only the best, but the only evidence of their agreement, and we are not disposed to relax the rule. It has been found to be a wholesome one, and. now that parties are allowed to testify in their own behalf, the necessity of adhering strictly to it is all the more imperative.”

Without a wide departure from the doctrine of that and kindred cases, the court below could not have done otherwise than hold the affidavit of defence in question insufficient. The alleged parol agreement is entirely at variance with the promissory note sued on in this case. It not only changes its legal effect, but it contradicts its very terms.

There was no error in entering judgment for want of a sufficient affidavit of defence.

Judgment affirmed.

Reference

Full Case Name
ROBERT CLARKE v. WM. D. ALLEN
Cited By
17 cases
Status
Published
Syllabus
In a suit by the payee against the maker of a note, an affidavit of defence oíoo 7 averring that the note was given upon the faith of an agreement made at the time, between the plaintiff and the defendant, that payment of it was not to be demanded or any proceedings had to collect the same, until it should be possible and convenient for defendant to spare the amount thereof, and that he was not yet able to spare the money, is insufficient to prevent summary judgment: Martin v. Berens, 67 Pa. 459.