| 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 páginas
...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... | |
| John Wilder May - 1891 - 788 páginas
...and they seem to us founded in reason and justice, and meet our entire approval. This principle does not admit oral testimony to vary or contradict that...evidence was not the instrument of the party whose name was signed to it ; 2 that it was procured under such circumstances by the other side as estops that... | |
| 1891 - 1174 páginas
...contradict that which is in writing, but goes upon the idea that the writing offered in evidence is not the instrument of the party whose name is signed...circumstances by the other side as estops that side from relying on it, and therefore it cannot be lawfully used against the party who signed it. And we may... | |
| George Richards - 1892 - 710 páginas
...and they seem to us founded in reason and justice, and meet our entire approval. This principle does not admit oral testimony to vary or contradict that...it or relying on its contents ; not that it may be contradicted by oral testimony, but that it may be shown by such testimony that it cannot be lawfully... | |
| Indiana. Appellate Court - 1894 - 814 páginas
...parol does not apply. The principle underlying this distinction is that the writing is not the act of the party whose name is signed to it; "that it...it or relying on its contents; not that it may be contradicted by oral testimony, but that it may be shown by such testimony that it can not be lawfully... | |
| 1898 - 1188 páginas
...would be estopped from setting up such misdescriptiou in avoidance of the policy. "This principle does not admit oral testimony to vary or contradict that...idea that the writing offered in evidence was not tbe instrument of the party whose name was signed to it; that it was procured under such circumstances... | |
| John Wilder May - 1900 - 824 páginas
...upon the idea that the writing offered in evidence was not the instrument of the party whose name was signed to it ; that it was procured under such circumstances...it or relying on its contents ; not that it may be contradicted by oral testimony, but that it may be shown by such testimony that it cannot be lawfully... | |
| 1903 - 1052 páginas
...company must be held to stand just as he would if be were the principal. . . . This principle does not admit oral testimony to vary or contradict that...it or relying on its contents; not that it may be contradicted by oral testimony, but that it may be shown by such testimony that it cannot be lawfully... | |
| |