Reports of Cases Determined in the Supreme Court of the State of California (Volume 177) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1919 Excerpt: ... EVIDENCE (Continued). assignment of a claim against only one of the defendants, the court erred in permitting the subsequent introduction in evidence of an affidavit averring that certain witnesses (including the assignor of the claim) could prove that the assignment, by mistake and inadvertence, though referring only to a claim against one defendant, was intended to pass and assign the claim against both defendants, such affidavit being incompetent. (Kobertson v. Buckler, 202.) 6. Affidavit Inadmissible As Pboof Op Original Contract.--Such affidavit was also incompetent if offered as proof of the alleged original contract. (Id.) 7. Partnership Certificate--Original Of Certified Copy.--Under subdivision 6 of section 1918 of the Code of Civil Procedure, the original certificate from the county clerk's files, giving the names of the persons composing a partnership named as a company is admissible in evidence, and there is no merit in the contention that a certified copy is the only evidence. (Hazard, Gould & Co. v. Rosenberg, 2-5.) 8. Hearsay.--Hearsay evidence as to the names of the persons composing a partnership is properly excluded. (Id.) 9. Agency.--The agency of an individual for a partnership was properly shown by evidence that one who contracted with the partnership transacted that business with the individual whose authority was in question, that the same individual signed a contract for the erection of a building as manager of the partnership, that he signed checks for the payment of the men employed by the partnership, and that he managed the business and ordered all the material for use on the same building. (Id.) 10. Appeal--Harmless Ruling On Evidence.--Where objection to a question asked a witness was overruled upon the ground that the evi...