| New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1917 - 852 páginas
...of the United States in the case of Insurance Co. v. Wilkinson, 13 Wall. 222: " This principle does not admit oral testimony to vary or contradict that...offered in evidence was not the instrument of the party Supreme Court, Appellate Term, January, 1917. [Vol. 98. whose name is signed to it ; that it was procured... | |
| 1917 - 1196 páginas
...States in the case of Insurance Co. v. Wilkinson, 13 Wall. 222, 20 L. Ed. 617 : "This principle does not admit oral testimony to vary or contradict that which Is In writing, but it goes upon the irlea that the writing offered In evidence was not the instrument of the party whose name is signed... | |
| 1898 - 1020 páginas
...would be estopped from setting up such misdescription in avoidance of the policy. "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; that it was procured under such circumstances by the other side as estops that side... | |
| 1917 - 934 páginas
...States in the case of Insurance Co. vs. Wilkinson, 13 Wall. 222, 20 L. Ed. 617 :— "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... | |
| 1875 - 972 páginas
...607, ] leads to the same general conclusion as is maintained in the present case. " The principle does not admit oral testimony to vary or contradict that...offered in evidence was not the instrument of the party whoso name is signed to it; that it was procured under such circumstttuccH by the other side us estops... | |
| 1888 - 992 páginas
...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 as its obligation to pay in the... | |
| 1875 - 970 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 which is in the writing, but it goes upon the idea that the writing offered in evidence was not the instrument... | |
| 1924 - 594 páginas
...manner in which the application should be completed ; that the effect of such a doctrine is not to admit oral testimony to vary or contradict that which is in writing, but proceeds upon the theory that the writing offered in evidence was not the instrument of the party whose... | |
| Philippines. Supreme Court - 1919 - 1144 páginas
...the insurers.' (Rowley vs. Empire Ins. Co., 36 NY, 550.) Harding vs. Commercial Union Assurance Co. but it goes upon the idea that the writing offered...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... | |
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