Caulfield v. Sanders
California Supreme Court
Appeal from the Sixth District. To the facts stated in the opinion of the Court add, that on the trial, plaintiff offered as a witness B. B. Redding, one of the firm of B. B. Redding & Co., the assignors of the account sued on, to prove the loss of the book of original entries, from which part of the account was taken. Defendants objected that he was incompetent, because such assignor. Overruled, defendants excepting.
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Appeal from the Sixth District. To the facts stated in the opinion of the Court add, that on the trial, plaintiff offered as a witness B. B. Redding, one of the firm of B. B. Redding & Co., the assignors of the account sued on, to prove the loss of the book of original entries, from which part of the account was taken. Defendants objected that he was incompetent, because such assignor. Overruled, defendants excepting. Plaintiff had verdict and judgment for a portion of his demand, stated by the Court. Complaint filed March 10th, 1859. Defendant appeals.
1Opinion of the CourtField, C. J.
Cope, J. concurring.
The complaint in this action alleges that on the eleventh of June, 1858, the defendant was indebted to the firm of B. B. Redding & Co., of Sacramento, in the sum of $326.15 for printing and advertising done by them at his request, between that date and the eleventh of August, 1856 ; that he has often promised to pay the same, but has hitherto failed to do so, and that in December, 1858, the demand was assigned for a valuable consideration to the plaintiff. The demurrer interposed was frivolous, and was very properly overruled. The answer contains several distinct matters…
2Cases cited5 opinions
- People v. GidneyCalifornia Supreme Court · 1937
- Terry v. SicklesCalifornia Supreme Court · 1859
- Landis v. TurnerCalifornia Supreme Court · 1860
- Folsom's Executors v. ScottCalifornia Supreme Court · 1856
- Castro v. WetmoreCalifornia Supreme Court · 1860
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