Bank of Stockton v. L. L. Howland & Co.
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The action was commenced in February, 1870, on a joint promissory note for five thousand dollars. After the commencement of the suit the defendant, Coburn, died. In June, 1870, Harriet Coburn, the administratrix of his estate, was substituted as a defendant in his place, and about the end of the same month judgment was rendered against the administratrix and the other defendants jointly.
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Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The action was commenced in February, 1870, on a joint promissory note for five thousand dollars. After the commencement of the suit the defendant, Coburn, died. In June, 1870, Harriet Coburn, the administratrix of his estate, was substituted as a defendant in his place, and about the end of the same month judgment was rendered against the administratrix and the other defendants jointly. A motion for a new trial having been denied, the administratrix and the defendants, Castle and Lambert, appealed.
1Opinion of the Court
By the Court, Crockett, J.:
This is an action against the several joint makers of a promissory note, who all appeared and pleaded to the merits, except one or two, who were duly served and made default. The defendant Coburn, died after his answer was filed, and before the trial; and thereupon an order was duly entered that the action proceed against his administratrix. Ho additional pleadings were filed, and on the trial the Court made written findings, and entered a judgment for the plaintiff, against all the defendants, including the administratrix, from which judgment, and from an order…
2Cases cited5 opinions
- Hentsch v. PorterCalifornia Supreme Court · 1858
- Myers v. MottCalifornia Supreme Court · 1866
- de Racouillat v. SansevainCalifornia Supreme Court · 1867
- Coleman v. WoodworthCalifornia Supreme Court · 1865
- Rice v. InskeepCalifornia Supreme Court · 1867
3Cited by21 opinions
- Los Angeles Investment Co. v. Home Savings Bank of Los AngelesCalifornia Supreme Court · 1919
- Kennedy v. IsenbergCalifornia Court of Appeal · 1944
- Burke v. MaguireCalifornia Supreme Court · 1908
- Bemmerly v. WoodwardCalifornia Supreme Court · 1899
- Falkner v. HendyCalifornia Supreme Court · 1895
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