Taggart v. Bosch

Citations

• 5 Cal. Unrep. 690
• 48 P. 1092
• 1897 Cal. LEXIS 991

Syllabus

<p>New Trial.—An Order Denying a New Trial for Insufficiency of the evidence will not be disturbed where there is a material conflict in the evidence.</p> <p>Witnesses—Cross-examination__On an Issue as to the Genuineness of the note in suit, plaintiff testified that it was made by defendant for part of the price on sale to him of an interest in a mine by plaintiff and his partner. Plaintiff's testimony in chief was confined to the execution, delivery and nonpayment of the note. On cross-examination he testified that he did not tell his partner on the day of the sale of having taken the note, though they executed the deed together, but told him some time later; whether a week later or two or three months he could not say. Held, that further cross-examination as to how soon, after the sale he saw his partner was erroneously excluded.</p> <p>Witnesses—Cross-examination.—In Such Case, There was No Direct Testimony as to the genuineness of the note, except plaintiff’s affirmance and defendant’s denial thereof. Plaintiff’s partner was ordinarily engaged at the mine, and plaintiff might not have seen him for some months after the sale. The partner testified that he heard of the note the next time after he saw plaintiff, but could not say when that was. Three and a half months after the sale of the mine, plaintiff bought defendant’s interest in a liquor business in which they were partners, and, to make the cash payment, borrowed a large sum at the bank, exhibiting the note in suit, which was for $3,000, as one of the securities offered. In addition to the cash payment, plaintiff gave his own notes to defendant for $1,500, nothing being said about the note in suit. Plaintiff’s explanation was that he did not want to do anything to interfere with the trade, and that one-half the note in suit belonged to his partner in the mining business. His explanation of not having told his partner of the note was that their relations were confidential, each doing about as he pleased. The