Legal Opinion

Hart v. Cooper

California Supreme Court

Decided July 1, 1873No. 3,969PublishedCited by 5 opinions

Appeal from the District Court, Tenth Judicial District, Colusa County. April 3d, 1872, the defendants gave A. Mead their note for $365.55, payable one day after date, with interest at one and a half per cent, per month. On the 5th day of April, 1872, Mead assigned the note to S. P. French, and French, on the 24th day of February, 1873, assigned the note to the plaintiff.

Read the full summary

Appeal from the District Court, Tenth Judicial District, Colusa County. April 3d, 1872, the defendants gave A. Mead their note for $365.55, payable one day after date, with interest at one and a half per cent, per month. On the 5th day of April, 1872, Mead assigned the note to S. P. French, and French, on the 24th day of February, 1873, assigned the note to the plaintiff. Between the two assignments Mead and the defendants had dealings together, and the amount of the defendants’ account, against Mead, was $235.30, while-Mead’s account against them was $200. The defendants had no notice of the…

1Opinion of the Court

By the Court:

The action is upon a promissory note made by the defendants to one Mead. It appears from the bill of exceptions that, after the note was indorsed and transferred by Mead, but before the defendants had knowledge of that fact, Mead and the defendants had certain business dealings by which he became indebted to them in the sum of $235 80, and they to him in the sum of $200. The defendants pleaded their account as a set-off to the note, and when the plaintiff sought to introduce evidence to prove the indebtedness to Mead, and that there was really only a balance of $35 80 due from…

2Cited by5 opinions

  1. Downey v. HumphreysCalifornia Court of Appeal · 1951
  2. Griswold v. PierattCalifornia Supreme Court · 1895
  3. Freeman v. SeitzCalifornia Supreme Court · 1899
  4. Davis v. Rawhide Gold Mining Co.California Court of Appeal · 1910
  5. Estate of SmithCalifornia Court of Appeal · 1954

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API