Legal Opinion

Gillespie v. Wright

California Supreme Court

Decided February 2, 1892No. 13895PublishedCited by 7 opinions

Appeal from, a judgment of the Superior Court of Alameda County, and from an order denying a new trial. The facts are stated in the opinion.

1Opinion of the Court

Foote, C.

This action was brought on a note which had been presented to the executrix above mentioned for allowance and been rejected by her. The appeal is from a judgment in favor of the defendant, and from an order refusing a new trial.

The points made are numerous, but we think that, upon the decision of those hereafter mentioned, this case is determinable in favor of the respondent. The claim was twice presented, and twice indorsed rejected by the executrix.

'•But it is claimed by appellant that there was no actual rejection on the first presentation, and therefore that the bar of the…

2Cases cited1 opinion

  1. Steward v. HinkelCalifornia Supreme Court · 1887

3Cited by7 opinions

  1. Chas. L. Harney, Inc. v. State of CaliforniaCalifornia Court of Appeal · 1963
  2. Barnett v. Hitching Post Lodge, Inc.Arizona Supreme Court · 1966
  3. F. A. Patrick & Co. v. AustinNorth Dakota Supreme Court · 1910
  4. In re Smith's EstateNorth Dakota Supreme Court · 1904
  5. Palmer v. Guaranty Trust & Savings BankCalifornia Court of Appeal · 1920

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