...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 as its obligation to pay in the...

...Llewelyn, 122 Cal. 199, [54 Pac. 734] : The receipt of such testimony is not to vary or contradict the writing, 'but it goes upon the idea that the writing...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...

...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...circumstances by the other side as estops that side from usiug it or relying on its contents — not that it may be contradicted by oral testimony, but that...

...testimony to vary or contradict that which is in writing; that the reception of this kind of proof rests upon the idea that the writing offered in evidence...name is signed to it; that it was procured under such circum1 stances as estopped that side from using it or relying on its contents; not that it may be...

...pointed out, quoting approvingly from Union etc. Co. v. Wilkinson, 13 Wall. 222, that this principle does not admit oral testimony to vary or contradict that...writing, but it goes upon the idea that the writing was procured under such circumstances by the other side as estops that side from using it or relying...

...introduction of parol testimony to vary the writing, it is said the doctrine goes upon the idea the writing in evidence was not the instrument of the party whose name is signed to it, and that it was procured under such circumstances as to estop the insurer from using it or relying...