Magid v. Beaver
Magid v. Beaver
Opinion of the Court
The present ease, -which involved a suit on a note and in which the defendant set up a defense that the contract was one of suretyship for the debt of her husband, was previously be
Grounds 1, 2, 5, 6, 7, 8, and 15 of the motion for new trial, assigning error on the rejection of evidence offered to show coercion upon the wife and the alleged colorable nature of the transaction, should have been sustained by the trial court. Ground 3, complaining of the refusal of the trial court to admit testimony that the insurance for which part of the proceeds of the loan was paid did not apply to the property of the wife, is without merit inasmuch as the evidence was later introduced. Ground 4, complaining of the admission of testimony that the husband had organized a number of corporations, is without merit. It was perhaps irrelevant except as to the general credibility of the witness; but in cases of doubtful admissibility the general rule is to admit the testimony. Ground 9, complaining of the refusal of the court to permit the defendant to testify as to the contents of a letter alleged to have been written by the lender to the husband as to the conditions under which the loan would be made, is without merit for the reason that the defendant’s knowledge of the loss of the letter and its inaccessibility being so meager and the husband, to whom the letter was alleged to have been written, being in court and not being called on to testify as to whether or not he had the letter, the court’s discretion as to the propriety of admitting the parol evidence under the circumstances will not be disturbed. Ground 10 of the motion complains of the exclusion of a letter from the husband to the plaintiff, containing a, detailed statement
Under the ruling of the Supreme Court other grounds of the motion assigning error on the direction of the verdict should have been sustained by the trial court. The issue made by the plea of the defendant, and the evidence introduced, and that which should have been admitted on the trial, should have been submitted to the jury for determination, and the court erred in directing a verdict in favor of the plaintiff. Because of the decision of the Supreme Court the judgment and opinion of this court heretofore rendered are vacated and set aside, and the judgment of the trial court is reversed.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.