Lattimer v. Ryan
California Supreme Court
Appeal from the Eighth Judicial District. This action was commenced in the Twelfth District Court, on the fifteenth day of April, 1856. The original complaint contained a copy of a promissory note made to plaintiff Charles E. Lattimer, by “Ryan, Duff & Co.,” August 1st, 1854, for $2,815.40, bearing interest at five per cent, per month, interest to be paid monthly, and if not so paid, to be compounded; and alleged that the defendants James F. Ryan, James R. Duff, and Frank S.…
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Appeal from the Eighth Judicial District. This action was commenced in the Twelfth District Court, on the fifteenth day of April, 1856. The original complaint contained a copy of a promissory note made to plaintiff Charles E. Lattimer, by “Ryan, Duff & Co.,” August 1st, 1854, for $2,815.40, bearing interest at five per cent, per month, interest to be paid monthly, and if not so paid, to be compounded; and alleged that the defendants James F. Ryan, James R. Duff, and Frank S. Duff composed the firm of “ Ryan, Duff & Co.,” by whom the note was executed; and prayed judgment against them “ for…
1Opinion of the CourtNorton, J.
The summons issued and served hi this action stated that upon default, judgment would be taken for three thousand dollars and interest. After the defendants had put in answers to the complaint, the plaintiff, on notice to the defendants’ attorneys, took certain depositions to be read on the trial. When the action came on for trial, more than six months after the answers were filed, the plaintiff, without having given any notice, moved the Court to strike out the answers because they were not verified, upon which the defendant Frank Duff asked leave then to verify his answer, which leave was…
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