Shepherd v. Jones
California Supreme Court
Appeal from a judgment of the Superior Court of San Joaquin County, and from an order refusing a new trial. The action was brought on a promissory note. The defendant in his answer denied the allegations of the complaint, and pleaded in avoidance of the note,—1. Want of consideration; 2. Fraud in procuring the execution of the note; and 3. Rescission by agreement of the parties and the return to the payee of certain stock for which the note had been given.
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Appeal from a judgment of the Superior Court of San Joaquin County, and from an order refusing a new trial. The action was brought on a promissory note. The defendant in his answer denied the allegations of the complaint, and pleaded in avoidance of the note,—1. Want of consideration; 2. Fraud in procuring the execution of the note; and 3. Rescission by agreement of the parties and the return to the payee of certain stock for which the note had been given. The further facts are stated in the opinion.
1Opinion of the Court
Belcher, C. C.
This is an action upon a promissory note given for the purchase of stock in a mining company, and the appeal is from a judgment entered against the defendant, and from an order denying his motion for a new trial.
The appeal from the judgment cannot be considered, for the reason that it was taken more than a year after the judgment was entered.
The motion for a new trial was properly denied.
The case was tried before a jury upon special issues, and the court then, after argument, found certain other facts, and upon the verdict and findings rendered the judgment. Conceding that this…
2Cases cited2 opinions
- Mecham v. McKayCalifornia Supreme Court · 1869
- Mendelsohn v. Anaheim Lighter Co.California Supreme Court · 1871
3Cited by4 opinions
- Bedell v. HerringCalifornia Supreme Court · 1888
- Kroplin v. HustonCalifornia Court of Appeal · 1947
- Beaulieu Vineyard v. Superior CourtCalifornia Court of Appeal · 1907
- Heilbron v. Centerville and Kingsburg Irrigation Ditch Co.California Supreme Court · 1888