Hemme v. Hays
California Supreme Court
Appeal from a judgment for the plaintiff, in the Twenty-first District Court, County of Modoc. Clough, J. The judgment recites : “ Counsel for plaintiff filed a written motion for judgment on the pleadings, which motion is made on the ground that the facts stated in the answer do not constitute any legal defense to the action. The Court being fully advised,'orders that the said motion of plaintiff be sustained, and thereupon it is ordered and adjudged,” etc.
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Appeal from a judgment for the plaintiff, in the Twenty-first District Court, County of Modoc. Clough, J. The judgment recites : “ Counsel for plaintiff filed a written motion for judgment on the pleadings, which motion is made on the ground that the facts stated in the answer do not constitute any legal defense to the action. The Court being fully advised,'orders that the said motion of plaintiff be sustained, and thereupon it is ordered and adjudged,” etc. The other facts are stated in the opinion.
1Opinion of the Court
Sharpstein, J.:
This is an action upon a promissory note, made and delivered by the defendant to the plaintiff. The defendant in his answer denies the due execution of the note, or that it was executed for a valuable consideration for reasons thereinafter set forth. And he alleges that on and after the year 1870, and up to about the 1st of November, 1875, he was engaged in the business of buying and selling goods, at the town of Yuba City, in this State, and that during the last two years of that period he had in his employ, as clerk and business manager, one William Hemme, who, during said…
2Cases cited4 opinions
- Felch v. BeaudryCalifornia Supreme Court · 1871
- Livingston v. HammerThe Superior Court of New York City · 1860
- Hull v. SmithThe Superior Court of New York City · 1852
- Nichols v. JonesNew York Supreme Court · 1852
3Cited by12 opinions
- Loveland v. GarnerCalifornia Supreme Court · 1887
- Prichard v. KimballCalifornia Supreme Court · 1923
- Hearst v. HartCalifornia Supreme Court · 1900
- Johnson v. Dixon Farms Co.California Court of Appeal · 1915
- Boscus v. BohligCalifornia Supreme Court · 1916
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