Corcoran v. Doll
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The plaintiffs alleged in the complaint that the plaintiff, Elizabeth Corcoran, on the 17th day of July, 1861, and thence until the 23d day of October, 1862, was the widow of Preston H. Lee, and that on the day last named she intermarried with the plaintiff, F. E. Corcoran, and that the defendants, on the ]7th day of July, 1862, in consideration of twenty thousand dollars by said…
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The plaintiffs alleged in the complaint that the plaintiff, Elizabeth Corcoran, on the 17th day of July, 1861, and thence until the 23d day of October, 1862, was the widow of Preston H. Lee, and that on the day last named she intermarried with the plaintiff, F. E. Corcoran, and that the defendants, on the ]7th day of July, 1862, in consideration of twenty thousand dollars by said Elizabeth, then loaned them at their request, gave her their promissory note in writing. The following is a copy of the…
1Opinion of the Court
By the Court, Sanderson, J.:
I. The objection to the judgment on the ground that it includes the interest and directs that the judgment shall draw interest at the rate of one and a half per cent is not tenable. It has been repeatedly held that it is not error to include principal and interest in the judgment, and direct that thereafter the whole sum shall draw the same rate of interest which the principal drew by the terms of the contract. (Guy v. Franklin, 5 Cal. 416; Emeric v. Tams, 6 Cal. 155; McCann v. Lewis, 9 Cal. 247; Mount v. Chapman, 9 Cal. 297.) The judgment not being by default, but…
2Cases cited7 opinions
- Van Maren v. JohnsonCalifornia Supreme Court · 1860
- Calderwood v. PyserCalifornia Supreme Court · 1866
- Guy v. FranklinCalifornia Supreme Court · 1855
- Lane v. GluckaufCalifornia Supreme Court · 1865
- Emeric v. TamsCalifornia Supreme Court · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Normile v. Wheeling Traction Co.West Virginia Supreme Court · 1905
- Union Institution for Savings v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Walker v. McCuskerCalifornia Supreme Court · 1887
- Shaw v. RigbyIndiana Supreme Court · 1882
- Boscus v. BohligCalifornia Supreme Court · 1916
7 more not listed; retrieve them via the Exa API.