Taylor v. Clark (1875) · DecisionDepot

Taylor v. Clark

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1875 No. No. 4,576Published

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Holding. The court held that parol evidence of a written document's contents is inadmissible without first conducting an unsuccessful search for the document among the records of the party to whom it was allegedly delivered.

Issues

Whether the trial court erred in admitting parol evidence of a written transfer without sufficient proof of a diligent search for the original document.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“The defendants should have shown an unsuccessful search among the papers of that company before resorting to parol proof of the contents of the lost paper.”

Synopsis

Paeod Evidence of Contents of Deed.—Before parol evidence can be introduced of the contents of a deed which is claimed to be lost, it must be shown that an unsuccessful search has been made for it in the place where it was last known to have been.

By the Court: The Court below erred in permitting parol proof of the contents of the alleged written transfer by King to Clark, claimed to have been made in April, 1862. The search for this paper made by Clark was first made by him in December, 1865; the particular day of that month upon which the search was made is not stated. Clark sold to the Pittsburgh Company in that month, and testified that he then delivered all his papers to that company.

The defendants should have shown an unsuccessful search among the papers of that company before resorting to parol proof of the contents of the lost paper.

Judgment reversed and cause remanded for a new trial.

Taylor v. Clark

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