Talmadge v. Stretch

Citations

• 2 Cal. Unrep. 323
• 4 P. 15

Syllabus

<p>Promissory Note—Parol Evidence.—Where a Eeceipt and a Note are executed contemporaneously, the receipt is admissible in an action on the note, where there is evidence to show that both were part of one transaction; and oral testimony is admissible to apply the receipt to the note and to prove that it was the only consideration for the note.</p> <p>Promissory Note—Consideration.—Money Advanced by the Plaintiff to the defendant on account of the latter’s share of the capital in a business, which sum he was to invest and contribute to the business, is sufficient consideration to support a note given to secure such sum, and plaintiff may recover on such note, though the plaintiff and defendant were partners at the time of giving such note.</p>