Tebbs v. Weatherwax
California Supreme Court
Appeal from the Eleventh Judicial District, El Dorado County. The complaint avers that the defendants were indebted to one James E. Wolfe, and that Wolfe, on the 9th of April 1858, drew the following order on defendants in favor of Eiske & Diehl: “ Messrs. J. M. B. Weatherwax & Co.—Gents: “ Please pay to Messrs.
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Appeal from the Eleventh Judicial District, El Dorado County. The complaint avers that the defendants were indebted to one James E. Wolfe, and that Wolfe, on the 9th of April 1858, drew the following order on defendants in favor of Eiske & Diehl: “ Messrs. J. M. B. Weatherwax & Co.—Gents: “ Please pay to Messrs. Eiske & Diehl the sum of twelve hundred dollars, being the amount due me for a certain note signed by Eiske & Diehl dated March 23d, 1858, and which note was given in consideration of services at Empire Mill, and which said note I transferred to you on said 23d day of March aforesaid,…
1Opinion of the CourtNorton, J.
The Court by whom this action was tried without a jury finds as one of the facts that the order was accepted with the understanding at the time that it was to be paid out of any money that might be collected on the note of twelve hundred dollars. The testimony as to this fact is conflicting, and in such cases the finding is conclusive. The objection that the evidence to prove this fact was parol and inadmissible to vary the terms of the written acceptance cannot be raised here for the first time, after the evidence had been given in the Court below without objection. (Hobart v. Dumerits, 3…
2Cases cited2 opinions
- Harbert v. DumontIndiana Supreme Court · 1852
- McCloud v. O'NeallCalifornia Supreme Court · 1860
3Cited by9 opinions
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- Inner Shoe Tire Co. v. TondroCalifornia Court of Appeal · 1927
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