Pierson v. McCahill
California Supreme Court
Appeal from, the Fifth Judicial District. The complaint avers that in February, 1861, the defendant, Philip McCahill, was indebted for goods sold and delivered to Taaffe, McCahill & Co., in the sum of $1,784 64, and to Canfield, Pierson & Co. in the sum of $967 89; and that this indebtedness was at that time, for a valuable consideration, sold and assigned by said creditors to the plaintiff, and has not been paid, and prays judgment for the amount and interest.
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Appeal from, the Fifth Judicial District. The complaint avers that in February, 1861, the defendant, Philip McCahill, was indebted for goods sold and delivered to Taaffe, McCahill & Co., in the sum of $1,784 64, and to Canfield, Pierson & Co. in the sum of $967 89; and that this indebtedness was at that time, for a valuable consideration, sold and assigned by said creditors to the plaintiff, and has not been paid, and prays judgment for the amount and interest. The answer denies the allegations of the complaint, and by way of further defense alleges “ that on the-day of Dec. 1859, he…
1Opinion of the CourtCope, J.
Field, C. J. and Norton, J. concurring.
This is an action upon two accounts, one in favor of Taaffe, McCahill & Co., and the other in favor of Canfield, Pierson & Co., for goods, wares, and merchandise sold and delivered. The plaintiff sues as assignee of these accounts, and the defendant sets up in defense a composition between him and the assignors of the plaintiff, by which it was agreed that upon the payment of fifty per cent, of the amount due he should be discharged from liability. He avers performance on his part, except as to a small balance upon the account of Taaffe, McCahill & Co.,…
2Cited by12 opinions
- Brockley v. BrockleySupreme Court of Pennsylvania · 1888
- Adams v. MortonSupreme Court of Iowa · 1873
- Isenhoot v. ChamberlainCalifornia Supreme Court · 1881
- Sage v. ValentineSupreme Court of Minnesota · 1876
- Pierson v. McCahillCalifornia Supreme Court · 1863
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