Leeke v. Hancock
California Supreme Court
' Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to recover moneys alleged to have been laid out and expended by the plaintiff for the use and benefit of the defendant, and at his request.
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' Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to recover moneys alleged to have been laid out and expended by the plaintiff for the use and benefit of the defendant, and at his request. The facts which the plaintiff relied on as creating the liability are as follows: On the 13th of January, 1882, one A. E. Buckman, being desirous of borrowing money from the plaintiff, applied to him for that purpose. The plaintiff refused the loan, unless security were given. Buckman thereupon brought to…
1Opinion of the CourtMcKinstry, J.
If the moneys paid by the plaintiff on talcing up the notes made by Buckman were paid out of funds of the maker in the hands of plaintiff, the payments were in effect payments by the maker of the note. But there is at least a substantial conflict in the evidence with respect to the issue as to whether the plaintiff did pay the notes out of funds of the maker in his hands, or whether he promised to pay them out of funds of the maker dedicated to that purpose.
As between themselves, the defendant was an accommodation indorser for Buckman, the maker. But there is nothing on the face of the notes…
2Cases cited8 opinions
- Harlan v. ElyCalifornia Supreme Court · 1880
- Farmers' Natl. Gold Bank v. StoverCalifornia Supreme Court · 1882
- Freeborn v. GlazerCalifornia Supreme Court · 1858
- Butler v. WrightNew York Supreme Court · 1823
- Chase v. EvoyCalifornia Supreme Court · 1881
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3Cited by9 opinions
- Tower v. WilsonCalifornia Court of Appeal · 1919
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- Casey v. GibbonsCalifornia Supreme Court · 1902
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- Remy v. OldsCalifornia Supreme Court · 1893
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