Poorman v. D. O. Mills & Co.
California Supreme Court
Appeal from the District Court, Sixth Judicial District, Sacramento County. This was an action by the plaintiff as an indorsee upon a certificate of deposit executed by the defendants, a copy of which is as follows: “ $750. No. 28,850. “Bank of D. 0. Mills & Co. “ Sacramento, Oct. 18, 1866. “ George Rosenbaum has deposited in this bank' fifteen hundred dollars, payable to himself or order, in United States gold coin, on return of this certificate properly indorsed.
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Appeal from the District Court, Sixth Judicial District, Sacramento County. This was an action by the plaintiff as an indorsee upon a certificate of deposit executed by the defendants, a copy of which is as follows: “ $750. No. 28,850. “Bank of D. 0. Mills & Co. “ Sacramento, Oct. 18, 1866. “ George Rosenbaum has deposited in this bank' fifteen hundred dollars, payable to himself or order, in United States gold coin, on return of this certificate properly indorsed. “D. 0. Mills & Co.” The complaint was in the usual form. The defendants’ answer, after denying that plaintiff held the…
1Opinion of the Court
By the Court, Rhodes, J.:
A certificate of deposit, issued by a bank or other depositary to a depositor, upon his paying to the former a sum of money on general, or, as it is sometimes called, irregular deposit, stating that the depositor has deposited that sum, payable to himself or order on demand, or on return of the certificate properly indorsed, is a promissory note. (Welton v. Adams, 4 Cal. 37; McMillan v. Richards, 9 Cal. 418; Coye v. Palmer, 16 Cal. 159; Brummagim v. Tallant, 29 Cal. 503; Bank of Orleans v. Merrill, 2 Hill, 295; Leavitt v. Palmer, 3 New York, 19; Payne v. Gardiner, 29…
2Cases cited5 opinions
- McMillan v. RichardsCalifornia Supreme Court · 1858
- Minturn v. FisherCalifornia Supreme Court · 1854
- Brummagim v. TallantCalifornia Supreme Court · 1866
- Wedderspoon v. RogersCalifornia Supreme Court · 1867
- Pinkham & McDonough v. McFarland & ElrodCalifornia Supreme Court · 1855
3Cited by27 opinions
- Toby v. Oregon Pacific RailroadCalifornia Supreme Court · 1893
- Berry and Berry v. BartonSupreme Court of Oklahoma · 1902
- Curran v. WitterWisconsin Supreme Court · 1887
- Bank of Am. Nat'l Trust & Sav. Ass'n v. CranstonCalifornia Court of Appeal · 1967
- Curtin v. KowalskyCalifornia Supreme Court · 1904
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