Chase v. Evoy
California Supreme Court
Appeal from the District Court, Third Judicial District, County of Alameda. ■ Action on a promissory noter of-which the following is-a copy: “ §2500. San Fbanoisoo, Aug. 21, 1871. “Thirty days after demand, at the banking house of Belloc -Ereres, San Francisco, for value received, we jointly and severally promise to pay to the order of Jane E. Chase, at said banking house, the sum of twenty-five hundred dollars in U. S. gold coin, with interest thereon in like gold coin, at…
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Appeal from the District Court, Third Judicial District, County of Alameda. ■ Action on a promissory noter of-which the following is-a copy: “ §2500. San Fbanoisoo, Aug. 21, 1871. “Thirty days after demand, at the banking house of Belloc -Ereres, San Francisco, for value received, we jointly and severally promise to pay to the order of Jane E. Chase, at said banking house, the sum of twenty-five hundred dollars in U. S. gold coin, with interest thereon in like gold coin, at the rate of one and one-half per cent per month, payable monthly in advance. “11. G. COBB, [§1.25 ü. S. Stamp.] « G. G.…
1Opinion of the Court
By the Court:
Section 1880 of the Code of Civil Procedure, which took effect July 1, 1874, in defining what persons shall not be witnesses, excludes “parties to an action or proceeding, or in whose behalf an action or proceeding is prosecuted against an executor or administrator upon a claim or demand against the estate of the deceased.” The present action .¡is against .an administratrix to establish a demand against the estate, and for the purpose of this decision we shall assume that Cobb, one of the makers of the note sued upon, was a party defendant. At the trial, the administratrix…
2Cases cited1 opinion
- Blood v. FairbanksCalifornia Supreme Court · 1875
3Cited by9 opinions
- Kinley v. LargentCalifornia Supreme Court · 1921
- Moore v. SchofieldCalifornia Supreme Court · 1892
- Dudley v. SteeleSupreme Court of Alabama · 1882
- Barton v. DyerIdaho Supreme Court · 1923
- Trabin v. Title Insurance & Trust Co.California Supreme Court · 1959
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