Getz Bros. & Co. v. Federal Salt Co.
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. F. H. Kerrigan, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
This is an action upon two checks, each for the sum of five thousand dollars, drawn by the defendant upon the Bank of California, and payable to the order of plaintiff. The checks were drawn .December 18, 1901, were presented for and refused payment December 31, 1901. Defendant for answer to the action set up as an affirmative defense that the checks were made and delivered as an integral part of a certain transaction between the parties, evidenced by written contracts. The court found the facts as set up in the answer, found further that the written contracts between the parties were against…
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