68 Cal. 12 | Cal. | 1885
— The subject of this controversy is a certain promissory note executed by the California Hosiery Company to Francis A. Hobart, the plaintiff and appellant herein, and levied on by the respondent as sheriff by virtue of a writ of attachment issued in an action brought by one Clay against John A. Hobart, the father of appellant. The note was executed for part of the purchase-money of a piece of land which was, on the 20th of March, 1880, conveyed by John A. Hobart to his son Francis as a gift, and afterwards conveyed under a power of attorney by John A., as attorney in fact of Francis A. Hobart, to the California Hosiery Company.
The main question in the case is, whether or not the conveyance from John A. Hobart to his son Francis was fraudulent as against Clay. On the part of the appellant, it is contended that section 3429 of the Civil Code
The evidence is such that we would not be justified in disturbing the findings of the trial court, upon the ground that they are unsupported by the evidence.
The court below permitted a witness to read, against the objection of the plaintiff, the testimony given by John A. Hobart upon an examination theretofore had before a justice of the peace; and this is claimed to have been error, for the reason that no proper foundation therefor had been laid. But it appears from the record that Hobart, when on the stand, without being asked in respect thereto, read an extract from the same testimony, saying at the time that what he had read was not all that he had testified to on that occasion. Under such circumstances, was it error to permit Baker to read all of his testimony? We think not, under the provisions
Other points made do not require special notice.
Judgment and order affirmed.
McKinstry, J., and McKee, J., concurred.