Isham v. CooperIsham v. Cooper
The opinion of the court was delivered by
This is an appeal from an order of the chancellor refusing to grant a preliminary injunction to restrain the defendants from enforcing a judgment, which they had obtained against the complainant in the supreme court of this state.
The judgment was based upon а contract which, it was claimed, the complainant had made by placing his initials upon a written document. The bill alleges that the complainant placed his initials there, not for the purpose of contracting, but only to attest an interlineation thеn made upon the instrument; that his placing them in such a position as to lead a court of law to read them into the contract, was the result of inadvertence and mistakе, from which the court of chancery should give him relief. The answer avers that, in the trial аt law, upon which the judgment was rendered, the complainant likewise insisted that he had рlaced his initials upon the instrument, not for the
In response to this, the positions of thе complainant are, first, that the question of fact was not tried at law, and secоnd, that even if it was, it' presented an issue over which a court of law had no jurisdiction, and hence the decision of that court is not binding upon him.
As to the first position it must suffice to state that, after examining carefully the evidence submitted on the motion for injunction, including the proceedings on the trial at law, we think the averments of the answer are substаntially correct.
As to the second position, it is not now necessary to decide whether, when at the instance of a defendant, a court of law has received a proposition of fact as a legal defence, and because оf its untruth has rendered judgment against him, a court of equity should, at the instance of the same party, determine for itself whether the proposition was admissible as a legal defеnce, and, if it answers that question in the negative, should interfere with the judgment, because the proposition, if true, constitutes an equitable defence, for the order under review can properly be supported on the ground that the proposition set up in this case was, if true, a legal defence.
In Kean v. Davis, 1 Zab. 683, Chief-Justice Green, delivering the opinion of this court, sitting as a court of law, declares that the cases “fully establish the principle that when it is doubtful on the face of the instrument whether it was designed to operate as a personal engagement of the party signing it, or otherwise, parol evidence is admissible to show the true character of the transaction ; ” and uрon that principle this court reversed a judgment, because, at the trial in a law court, evidence offered by the defendant to show in what capacity he had written his signature upon the instrument, was rejected.
The initials appear in the body of a letter addressed by the complainant to the defendants, and the important words are written as and by (you) H. H. I. follows: “and shall be cared for by the compаny until,” &c.
On the suggestion being made, the probability is perceived at once that the initials mаy have been written with either intent, and which actually existed must be decided on extrinsic еvidence. No doubt, in reaching a decision, the mind would be strongly influenced on ascеrtaining whether the word “you” was crossed out when the initials were written or afterwards, but this latter question would not be the same question as the former; it would be only subsidiary, and we think it was so treated at the trial.
Our conclusion is, that the question of fact between these pаrties was submitted by them to the appropriate tribunal, and its judgment thereon precludes further controversy.
The order appealed from is affirmed.
For affirmance — The Chief-Justice, Dixon, Garrison, Gummere, Lippincott, Ludlow, Van Syckel, Adams, Bogert, Hendrickson, Krueger, Nixon, Vredenburgh — 13.
For reversal — None.