California National Bank v. Weldon
California Court of Appeal
APPEAL from a judgment of the Superior Court of Mendocino County, and from an order denying a new trial. J. Q. White, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtChipman, P. J.
The action is to recover the amount of a lost check drawn by defendant upon Commercial Bank of Ukiah and payable to J. B. Helton or order for $2,000. Judgment is prayed for the said amount of $2,000, with legal interest from September 20, 1909.
A demurrer for insufficiency of facts and for uncertainty was overruled and defendant answered, denying specifically most of the averments of the complaint; avers that he has offered to draw a duplicate check for said amount “on condition that due and proper presentation of the original thereof be made to said Commercial Bank of Ukiah,” and if not paid…
2Cases cited13 opinions
- Kenniff v. CaulfieldCalifornia Supreme Court · 1903
- School District No. 1 v. DauchySupreme Court of Connecticut · 1857
- Florence Mining Co. v. BrownSupreme Court of the United States · 1888
- Albers v. Commercial BankSupreme Court of Missouri · 1884
- Farwell v. St. Paul Trust Co.Supreme Court of Minnesota · 1891
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3Cited by2 opinions
- Smith v. HirstCalifornia Court of Appeal · 1917
- Ulm v. PratherCalifornia Court of Appeal · 1920