 This principle does not admit oral testimony to vary or contradict that which is in writing, but it goes upon the idea that the writing offered in evidence was not the instrument of the party whose name is signed to it...  Lawyers' Reports Annotated - Page 3231903Full view - About this book
 | 1873 - 532 pages
...evidence is admitted not to vary or contradict that which is written, but to show that the writing is not the instrument of the party whose name is signed to it, and that it was procured under such circumstances by the other side as estops that side from using... | |
 | 1871 - 764 pages
...this proposition, and they seem to us founded in reason and justice, and meet our entire approval. This principle does not admit oral testimony to vary...it or relying on its contents — not that it may bo contradicted by oral testimony, but that it may be shown by such testimony that it cannot be lawfully... | |
 | United States. Supreme Court - 1872 - 1546 pages
...this proposition, and they seem to us founded in reason and justice, and meet our entire approval. This principle does not admit oral testimony to vary...writing, but it goes upon the idea that the writing ottered in evidence was not the instrument of the party whose mime is signed to it; that it was procured... | |
 | Daniel T. Robertson, New York (State). Marine Court (New York), Edward Jacobs - 1883 - 646 pages
...by parol evidence ;" and further on the court says: "The principle does Bull's Head Bank c. Koehler. not admit oral testimony to vary or contradict that which is in writing." Easterly v. Barber (66 NY 433), merely reaffirms what was held in Barry ». Eansom (12 NY 462), that... | |
 | 1885 - 940 pages
...exceptions are sometimes recognized in insurance cases. But it is said that even then the courts do "not admit oral testimony to vary or contradict that which is in writing; that the reception of this kind of proof rests upon the idea that the writing offered in evidence was... | |
 | 1907 - 1350 pages
...Introduction of parol testimony to vary the writing, It is said the doctrine goes upon the idea the writing in evidence was not the Instrument of the party whose name Is signed to It, and that It was procured under such circumstances as to estop the Insurer from using it or relying... | |
 | Arkansas. Supreme Court - 1889 - 680 pages
...and they seem to us founded in reason and justice, and meet our entire approval. This principal dues not admit oral testimony to vary or contradict that...it or relying on its contents; not that it may be contradieted by oral testimony, but that it may be shown by such testimony that it cannot be lawfully... | |
 | Edward Warren Hines, William Pope Duvall Bush, John Cleland Wells, Frank L. Wells, Findlay Ferguson Bush, Horace C. Brannin, William Cromwell, W. J. Chinn, Walter G. Chapman, R. G. Higdon, Thomas Robert McBeath - 1888 - 1094 pages
...that of the applicant, and the rule recognized proceeds on the idea "that the application thus made is not the instrument of the party whose name is signed to it." Here is an instrument that the insurance company signed and delivered at its obligation to pay in the... | |
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