Law Commons^™

Bills And Notes, Paul J. Hartman

Vanderbilt Law Review

The Parol Evidence Rule as Applied to Bills and Notes. The Tennessee Supreme Court case of Lazarov v. Klyce' presented the problem of when an agent who has signed a negotiable instrument can use parol evidence to exonerate himself from personal liability on the instrumentat the suit of the payee. The payee of a note sued the defendant, Arnold Klyce, to hold him individually liable on the note of a corporation of which defendant was an officer. The defense was that the note was an obligation of the corporation, that defendant signed as an officer of the corporation and that …

Procedure And Evidence, Edmund M. Morgan

Vanderbilt Law Review

Demurrer: The Tennessee cases reiterate the orthodox proposition that a demurrer admits the facts alleged or averred in the pleading to which it is interposed.' It is perhaps unnecessary to note that this proposition is true only when the problem concerns the sufficiency of the allegations or averments in the pleading. In truth, the demurrer is merely a default as to the facts and a tender of issue on the law. If the demurrer is overruled and the action is for unliquidated damages, the plaintiff's averment as to the amount of the damages is not taken as true; he must …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Contracts--Ceiling Price Legislation--Effect upon Performance

============================

Evidence--Declarations against Interest--Third-Party Confessions

============================

Family Law--Loss of Consortium of the Parent--Right of Child to Recover Against a Negligent Defendant

============================

Federal Procedure--Statutory Construction--Meaning of "Mentally Incompetent"

============================

Income Taxation--Surrender of Lease--Capital Gain to Lessee

============================

Income Taxation--Taxable Stock Dividend--Treasury Stock Held for Investment

============================

Judgment--Suit to Vacate--Insufficient Allegations of Cruelty Void Divorce Decree

============================

Labor Law--Filing Requirements--Noncompliance at Time Charges Filed

============================

Municipal Corporations--Liability for Negligence--Operation of Swimming Pool for Profit

============================

Process--Constructive Service--Tort Action Arising Without State

============================

Torts--Res Ipsa Loquitur--Application To Disappearing Airplane