California Bank v. Sayre
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. The note in question was signed “Emily B. Sayre, Mrs. Nancy D. Sayre,” but the evidence shows that both signatures were written by Mrs. Nancy D. Sayre, who is the mother of Emily B. Sayre. The latter testified that she gave her mother no authority to sign her name to the note, and that it was signed without her knowledge or consent.
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Appeal from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. The note in question was signed “Emily B. Sayre, Mrs. Nancy D. Sayre,” but the evidence shows that both signatures were written by Mrs. Nancy D. Sayre, who is the mother of Emily B. Sayre. The latter testified that she gave her mother no authority to sign her name to the note, and that it was signed without her knowledge or consent. Further facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
This was an action upon a promissory-note. The trial court gave judgment, against one of the alleged makers, but not against the other, and the plaintiff appeals.
The ground of the decision in favor of the defendant referred to “ was, that her name was signed to the note -without her knowledge or authority.” The appellant attacks the finding in this regard as not sustained by the evidence. But we think that there is sufficient evidence to sustain it. The only question that can be raised is, whether she ratified the signature. With reference to this question, there is evidence to the…
2Cases cited2 opinions
- Hendrie v. BerkowitzCalifornia Supreme Court · 1869
- Reubin v. CohenCalifornia Supreme Court · 1874
3Cited by4 opinions
- Common Wealth Insurance Systems, Inc. v. KerstenCalifornia Court of Appeal · 1974
- Claussen v. First American Title Guaranty Co.California Court of Appeal · 1986
- Gates v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1953
- Mickelson v. New East Tintic Railway Co.Utah Supreme Court · 1900