Farrell v. Palmer
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Solano County, This was an action, commenced September 30th, 1865, to recover judgment on a promissory note for three thousand dollars and interest, executed by the defendants, Philip Palmer, Philip H. Palmer, and Samuel G-. Palmer, to Thomas Dowell, the plaintiff’s intestate, dated May 17th, 1859, and made payable one year after date; also, to foreclose a mortgage upon certain lands situated in Solano County, of the…
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Appeal from the District Court, Seventh Judicial District, Solano County, This was an action, commenced September 30th, 1865, to recover judgment on a promissory note for three thousand dollars and interest, executed by the defendants, Philip Palmer, Philip H. Palmer, and Samuel G-. Palmer, to Thomas Dowell, the plaintiff’s intestate, dated May 17th, 1859, and made payable one year after date; also, to foreclose a mortgage upon certain lands situated in Solano County, of the same date, and between the same parties, given to secure the payment of said note. The other defendants were impleaded…
1Opinion of the Court
By the Court, Rhodes, J. :
The defendant annexed to the interrogatories proposed by the plaintiff and attached to the commission certain objections, but it does not appear that he brought them to the attention of the Court and had a ruling thereon at the trial. *192There is, therefore, no ground for the specification that the Court erred in overruling those objections. But waiving this point, and looking at the objections themselves, it will be seen that those worthy of notice amount to an objection to the admission of parol evidence to prove the contents of written instruments. Some of the…
2Cited by9 opinions
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- Easton v. AshCalifornia Supreme Court · 1941
- Osment v. McelrathCalifornia Supreme Court · 1886
- Sibert v. WilderSupreme Court of Kansas · 1876
- Visher v. WilburCalifornia Court of Appeal · 1907
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