Whiting & Marshall v. Steen

Citations

• 2 Cal. Unrep. 175

Syllabus

<p>Hew Trial.—All Presumptions are in Favor of an Order granting a new trial.</p> <p>Hew Trial.—A Certain Finding by the Court that there was consideration for the note sued upon is no argument against a new trial ordered by the court after one resulting in plaintiff’s favor, when the record discloses that the finding on the question of consideration was not sustained by the evidence.</p> <p>Bills and Hotes—Parol Evidence to Explain.—If a note has been given with the understanding that it is to be used in a particular way or with a particular qualification, parol evidence is admissible in an action between the original parties to prove the understanding.</p> <p>Equity—Interposition to Prevent Fraudulent Use of Instrument.—A court of equity will interfere to prevent the fraudulent use of a paper for a purpose not contemplated by the parties at the time it was executed.</p>