Bagley v. Administrators of McMickle
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, County of San Francisco. This action was commenced on the fourth of April, 1855, by the appellant, against the respondents, on three promissory notes m¡i ie and delivered by G. 0. McMickle, deceased, to Ragley and Sinton, and by them assigned to Bagley.
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Appeal from the District Court of the Fourth Judicial District, County of San Francisco. This action was commenced on the fourth of April, 1855, by the appellant, against the respondents, on three promissory notes m¡i ie and delivered by G. 0. McMickle, deceased, to Ragley and Sinton, and by them assigned to Bagley. On the death of Mc-Miukle, the claim, duly verified, was presented to the administrators of his estate, and rejected, and suit brought within three months thereafter. The answer contains five different defences: 1. A general denial. 2. The Statute of Limitations of four years. 3.…
1Opinion of the CourtField, J.
This is an action upon three promissory notes executed by McMickle, deceased, to Bagley and Sinton, and by them transferred to the plaintiff. At the solicitation of the maker, the notes were delivered to him in August, 1852, by the holders, and in their presence and with their consent were then destroyed. On the trial, the plaintiff, in order to account for the non-production of the notes, and to lay the foundation for the introduction of secondary evidence of their contents, read to the Court his own *446and his co-payee’s affidavits, detailing the circumstances and motives which occasioned the…
2Cases cited2 opinions
- Riggs v. TayloeSupreme Court of the United States · 1824
- Bank of the United States v. SillSupreme Court of Connecticut · 1823
3Cited by19 opinions
- Massie v. HutchesonTexas Commission of Appeals · 1925
- Del Campo v. CamarilloCalifornia Supreme Court · 1908
- Le Mesnager v. HamiltonCalifornia Supreme Court · 1894
- Marshall-Wells Co. v. KramlichIdaho Supreme Court · 1928
- Dearing v. PearsonNew York Court of Common Pleas · 1894
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