Legal Opinion

Jones v. Nicholl

California Supreme Court

Decided December 12, 1889No. 12308PublishedCited by 9 opinions

Appeal from a judgment of the Superior Court of Alameda County. The facts are stated in the opinion.

1Opinion of the Court

Belcher, C.

On the seventeenth day of January, 1880, the defendant executed to the plaintiff his promissory note' for one thousand dollars, payable on demand, with interest at the rate of eight per cent per annum. In the latter part of October or the beginning of November, 1884, plaintiff demanded payment of the note from defendant for the first time, and it .not being paid, he commenced this action, on the first day of April, 1885, to recover the amount due thereon.

The defendant pleaded payment, and that the action was barred by the provisions of section 337 of the Code of Civil Procedure.

At…

2Cases cited4 opinions

  1. People v. Lee GamCalifornia Supreme Court · 1886
  2. Cousins v. PartridgeCalifornia Supreme Court · 1889
  3. Machado v. FernandezCalifornia Supreme Court · 1887
  4. Bell v. SackettCalifornia Supreme Court · 1869

3Cited by9 opinions

  1. Rottman v. HevenerCalifornia Court of Appeal · 1921
  2. Clunin v. First Federal Trust Co.California Supreme Court · 1922
  3. Merchs. Nat'l Bank of Santa Monica v. BentelCalifornia Supreme Court · 1913
  4. Darby v. DarbySupreme Court of Louisiana · 1908
  5. Rottman v. HevenerCalifornia Court of Appeal · 1921

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