Mahan v. Wood
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 facts are stated in the opinion rendered by this court upon the first appeal in this case, 44 Cal. 462, and in the opinion of the court upon this appeal.
1Opinion of the Court
The Court.
This is an action to recover the amount of principal and interest alleged to be due on a promissory note executed by the defendant to the plaintiff on March 19,1869. The defense is failure of consideration.
This is the third appeal in the case. On the first trial the plaintiff had judgment, and the defendant *13appealed. It was held by this court that the defense was established by-the facts shown, and the judgment was accordingly reversed and the cause remanded for a new trial. (Mahan v. Wood, 44 Cal. 462.)
On the second trial the defendant had judgment, and the plaintiff moved for a…
2Cases cited2 opinions
- Mahan v. WoodCalifornia Supreme Court · 1872
- Mahan v. WoodCalifornia Supreme Court · 1889
3Cited by6 opinions
- Lande v. Southern California Freight LinesCalifornia Court of Appeal · 1948
- Spotswood v. SpotswoodCalifornia Court of Appeal · 1907
- Gianelli v. MoultonCalifornia Supreme Court · 1905
- Davis v. Rebel Creamery LLCDistrict Court, N.D. California · 2023
- Dietz v. KucksCalifornia Supreme Court · 1896
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