Bank of California v. Northam
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Between the first day of January, 1870, and the 9th day of March, 1870, Horace M. Whitmore and Russell Stevens were doing business as partners, under the firm name of The Garcia Flume and Mill Company, and employed the Miners’ Foundry and Machine Works Co-operative to manufacture for them certain machinery.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Between the first day of January, 1870, and the 9th day of March, 1870, Horace M. Whitmore and Russell Stevens were doing business as partners, under the firm name of The Garcia Flume and Mill Company, and employed the Miners’ Foundry and Machine Works Co-operative to manufacture for them certain machinery. The machinery was made and delivered at various times, and was of the value of two thousand six hundred and twenty-nine and seventy-three oneliundredths dollars. Whitmore died on the 9th' day of…
1Opinion of the Court
By the Court:
The court below erred in rendering a judgment for interest on the account sued upon.
There is no other error in the record.
Judgment and order reversed and cause remanded, with an order to the court below to modify the judgment in accordance with this opinion. Remittitur forthwith.
2Cited by3 opinions
- Cox v. McLaughlinCalifornia Supreme Court · 1881
- City of Chickasha v. HollingsworthSupreme Court of Oklahoma · 1916
- Heald v. HendyCalifornia Supreme Court · 1891