Schwartz v. Wright

Citations

• 6 Cal. Unrep. 248
• 56 P. 608
• 1899 Cal. LEXIS 1165

Syllabus

<p>Appeal.—Where the Evidence is Conflicting, and a motion for new trial was denied, the verdict will not be set aside.</p> <p>Check.—In an Action on a Check, Defendants Denied Delivery, and in proof thereof introduced evidence showing that the cheek was made in payment of certain stock to be delivered, and entry of the other parties in the agreement into a pooling contract, and that the check was taken without consent by one of the parties, to whom it had been given for inspection. Held, that evidence of failure of the consideration for which the check was to be given was admissible as tending to show want of delivery.</p> <p>Check.—Where the Payee of a Check had Notice of what was to be done by third parties before the check was to be delivered, evidence of negotiations with such third parties in the absence of the payee of the check is admissible to show nondelivery.</p> <p>Evidence.—A General Objection to Evidence of a Certain Conversation as not had in the presence of one of the parties to the suit was insufficient as affecting certain offensive words used in the conversation, where there was no motion made to strike them out, and they were thereafter repeated to such party in person.</p>