Smith v. Owens
California Supreme Court
Appeal from the Twelfth Judicial District. The action was brought January 20th, 1858, by L. E. P. Smith and others, to recover $7,271 35, the full amount of four promissory notes of P. H. Owens & P. A. Owens, defendants, including principal and interest to that date.
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Appeal from the Twelfth Judicial District. The action was brought January 20th, 1858, by L. E. P. Smith and others, to recover $7,271 35, the full amount of four promissory notes of P. H. Owens & P. A. Owens, defendants, including principal and interest to that date. The answer is, substantially, that at the date of the action, the plaintiffs were not the holders and owners of the notes sued on; that the defendants were not indebted thereon, in any sum whatever; and that, after the notes had become payable, the defendants made and delivered to the plaintiffs, who accepted them, six other…
1Opinion of the CourtCope, J.
Norton, J. concurring.
A rehearing was granted in this case for the purpose of considering more fully the matters relied upon by way of defense. After giving these matters the consideration which then importance deserves, we see no reason for a conclusion different from that previously attained. The action is upon four promissory notes, and it is alleged in defense, that before the action was commenced the defendants executed to the plaintiffs certain other notes in satisfaction of the notes in suit. This is the only defense set up, and the finding of the referee, that the new notes, though…
2Cited by7 opinions
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- Jenne v. BurgerCalifornia Supreme Court · 1898
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- Otto v. GriffinWashington Supreme Court · 1909
- Cummiskey v. WilliamsMissouri Court of Appeals · 1886
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