Bryan v. Berry
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, County of Solano. This was an action on a joint and several note made to plaintiff and signed with the names of John H. Berry, Jamos H. Gordon, and Daniel M. Berry. Daniel M. Berry filed an answer denying that he executed the note. The case was tried before the Court below, a jury being waived.
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Appeal from the District Court of the Seventh Judicial District, County of Solano. This was an action on a joint and several note made to plaintiff and signed with the names of John H. Berry, Jamos H. Gordon, and Daniel M. Berry. Daniel M. Berry filed an answer denying that he executed the note. The case was tried before the Court below, a jury being waived. The finding of the Court establishes the following facts : John H. Berry and James H. Gordon, being desirous of making a purchase of the plaintiff, offered their note for the purchase money. The plaintiff refused to take it unless they…
1Opinion of the CourtJustice Heydenfeldt
Mr. Chief Justice Murray concurred.
This case presents one of the loosest transactions ever reported, upon which a case was brought into Court. There is really shown by the evidence no authority whatever by the defendant to any one to sign his name, unless that authority can be inferred from his silence when told that it had been signed. But as this has been passed upon as a fact, it is not necessary to review it, even although there is no conflicting evidence. It appears sufficiently clear that if any authority was given, it was confined to signing it as a surety, or in the common and…
2Cases cited1 opinion
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3Cited by7 opinions
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