Legal Opinion

Fessenden v. Summers

California Supreme Court

Decided December 22, 1880No. 6,515PublishedCited by 7 opinions

Appeal by defendant D. W. Thompson from a judgment for the plaintiff in the First District Court of the County of Santa Barbara. Sepulveda, J.

1Opinion of the Court

Boss, J.:

The action is upon a promissorymote signed by the defendant Summers, made payable to the plaintiff or order, and indorsed in blank by the defendant Thompson before delivery to the payee. Thompson indorsed for the purpose of adding credit to the note, and plaintiff made the loan upon the strength of the indorsement. The note not having been paid, the plaintiff, after its maturity, commenced the present action against Summers and Thompson to recover the amount due upon it. Summers suffered default, but Thompson appeared and demurred to the complaint. The demurrer was overruled, and…

2Cases cited3 opinions

  1. Riggs v. WaldoCalifornia Supreme Court · 1852
  2. Jones v. GoodwinCalifornia Supreme Court · 1870
  3. Ford v. HendricksCalifornia Supreme Court · 1868

3Cited by7 opinions

  1. Navajo County Bank v. DolsonCalifornia Supreme Court · 1912
  2. First National Bank v. BabcockCalifornia Supreme Court · 1892
  3. Chafoin v. RichCalifornia Supreme Court · 1888
  4. Southern California National Bank of Los Angeles v. WyattCalifornia Supreme Court · 1891
  5. Fisk v. MillerCalifornia Supreme Court · 1883

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