Zane v. De Onativia

COOPER, C.

This is an appeal from a judgment taken more than sixty days from the entry thereof. The only point

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urged as ground for reversal is, that the court erred in overruling certain objections of defendant’s counsel to questions asked by plaintiff’s counsel of defendant in her cross-examination. The action was brought to recover upon a promissory note made and delivered by defendant to plaintiff. The defendant pleaded payment. The evidence offered in support of such plea was, that shortly after the execution of the note, the plaintiff accompanied defendant on a European trip, traveling from place to place abroad with her from early in June, 1897, until May, 1898. That defendant on the trip paid the traveling expenses, hotel bills, and other expenses of plaintiff, which amounted to more than the principal and interest due upon the note. There is no issue as to the fact that plaintiff did take said trip with defendant, and that defendant paid her expenses and hotel bills, amounting to more than the amount due upon the note. The plaintiff contended, and the court found, that she took the trip as the guest of the defendant, and with the understanding that defendant was to pay all her expenses. The main issue, then, before the trial court was as to the truth of these contentions. If defendant invited the plaintiff as her guest to accompany her on the trip, with the understanding, either express or implied, that defendant would pay all her expenses, the defendant cannot now charge plaintiff with such expenses as an offset to the note. The court below had to determine this issue of fact from the evidence. The court, during the cross-examination of the defendant, overruled several objections of her counsel to questions asked of her by plaintiff’s counsel. The questions were asked for the purpose of showing—and the answers of defendant did show—that at various times, and in fact for the most of the time between May, 1896, and March, 1897, up to the time of the departure for Europe, the plaintiff was the guest of defendant at the Hotel Del Monte, Hotel San Rafael, Howell Mountain, and other places, and that defendant paid all the hotel bills and expenses of plaintiff at these times. In cross-examination the trial judge is vested with much discretion, and it is only in cases where such discretion is abused that this court will interfere.

(Sandell