Langenberger v. Krœger
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. The following is a copy of the draft sued on: “ $622 00. Mr. Leopold Kahn, No. 821, Mission street, “San Francisco: Please pay to Mr. Langenbcrger, Bloch- “ man & Co., or order, the sum of six hundred and twenty- “ two dollars, on March 15th, 1872, without grace, and “ charge the same to account of “A. Kbcegeb.
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Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. The following is a copy of the draft sued on: “ $622 00. Mr. Leopold Kahn, No. 821, Mission street, “San Francisco: Please pay to Mr. Langenbcrger, Bloch- “ man & Co., or order, the sum of six hundred and twenty- “ two dollars, on March 15th, 1872, without grace, and “ charge the same to account of “A. Kbcegeb. “Anaheim, Feb’y 23d, 1872.” The plaintiffs were doing business under the firm name of Langenberger, Blochman & Go. The defendant had funds in silver in the hands of the drawee sufficient to meet the…
1Opinion of the Court
By the Court, Crockett, J.:
The defendant, residing at Anaheim, made and delivered to one Smith, for the plaintiffs, a draft on Leopold Kahn, of San Francisco, for six hundred and twenty-two dollars, payable to the order of the plaintiffs, but specified no particular kind of money in which it was to be paid. On receiving the draft, Smith, without the authority of the defendant, and so far as the evidence shows, without the knowledge or authority of the plaintiffs, wrote across the face of. it in red ink, the words “payable in United States gold coin.” The Court finds, that on receiving the…
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