Stanley v. McElrath
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial. The note alleged to have been paid by the plaintiff for. the use of the defendant was a note for four thousand five hundred dollars, payable April 11, 1879, by the defendant, as maker, to the order of the plaintiff, with interest at the rate of ten per cent per annum.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial. The note alleged to have been paid by the plaintiff for. the use of the defendant was a note for four thousand five hundred dollars, payable April 11, 1879, by the defendant, as maker, to the order of the plaintiff, with interest at the rate of ten per cent per annum. The court found that the counterclaim pleaded by the defendant was not proper matter of offset, because the same had been adjudicated by the court in a separate action brought by the defendant against C.…
1Opinion of the CourtPaterson, J.
— This action was brought to recover from defendant the sum of $6,136.50, with interest thereon from March 28, 1883. It is alleged, in the amended complaint, that C. M. Hitchcock, plaintiff’s testator, indorsed a promissory note, made by defendant, payable to said Hitchcock, for the sum of four thousand five hundred dollars, solely for the accommodation of defendant; that defendant assigned the note to the London and San Francisco Bank, Limited, and received therefor the sum of four thousand five hundred dollars; that defendant paid, on account of the interest due thereon, the sum of $231.25,…
2Cases cited8 opinions
- Waldrip v. BlackCalifornia Supreme Court · 1887
- Pierce v. SchadenCalifornia Supreme Court · 1880
- Curtis v. SpragueCalifornia Supreme Court · 1876
- Keyes v. FenstermakerCalifornia Supreme Court · 1864
- Thompson v. WilliamsCalifornia Supreme Court · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Wolfsen v. HathawayCalifornia Supreme Court · 1948
- Blanchard v. . BlanchardNew York Court of Appeals · 1911
- Yule v. BishopCalifornia Supreme Court · 1901
- Popcorn Equipment Co. v. PageCalifornia Court of Appeal · 1949
- Yule v. BishopCalifornia Supreme Court · 1900
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