Bagley v. Eaton
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, County of San Francisco. This action was commenced on the fourth of April, 1855, by the appellant, against the respondents, on three promissory notes made and delivered by the defendants’ intestate to Bagley and Sint on, and by them assigned to Bagley. On the death of the intestate, the claim, duly verified, was presented to the administrator, Eaton, and rejected, and suit brought within three months thereafter.
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Appeal from the District Court of the Fourth Judicial District, County of San Francisco. This action was commenced on the fourth of April, 1855, by the appellant, against the respondents, on three promissory notes made and delivered by the defendants’ intestate to Bagley and Sint on, and by them assigned to Bagley. On the death of the intestate, the claim, duly verified, was presented to the administrator, Eaton, and rejected, and suit brought within three months thereafter. The answer contains five different defences: 1. A general denial. 2. The Statute of Limitations of four years. 3.…
1Opinion of the Court
Field, J., after stating the facts, delivered the opinion of the Court.
The statement of the case exhibits, at the outset, an error in the conclusion of the Court below, from the testimony of the plaintiff and Sinton. There is nothing in their testimony which gives support to the inference that the destruction of the notes was assented to for the piurpose of preventing their being used -as evidence, but, on the contrary, their testimony plainly imports that the destruction was assented to for the purpose of preventing the negotiation of the notes to third parties, and thus to •quiet the…
2Cases cited8 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Riggs v. TayloeSupreme Court of the United States · 1824
- Bagley v. Administrators of McMickleCalifornia Supreme Court · 1858
- Bank of the United States v. SillSupreme Court of Connecticut · 1823
- Proprietors of Braintree v. BattlesSupreme Court of Vermont · 1834
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Deacon v. BryansCalifornia Court of Appeal · 1928
- Gibbs v. PotterIndiana Supreme Court · 1906
- Kallman v. HendersonCalifornia Court of Appeal · 1965
- Johnston v. WolfCalifornia Court of Appeal · 1931
- Fidelity & Deposit Co. v. StateSouth Dakota Supreme Court · 1934