Liening v. Gould
California Supreme Court
Appeal from the County Court, Colusa County. Suit in a Justice’s Court by plaintiff, as Public Administrator, on a note of defendant to one Kurtz, deceased. The complaint sets out the note, avers plaintiff to be administrator in fact of the estate of John Kurtz, deceased, and that defendant has promised to pay, etc.
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Appeal from the County Court, Colusa County. Suit in a Justice’s Court by plaintiff, as Public Administrator, on a note of defendant to one Kurtz, deceased. The complaint sets out the note, avers plaintiff to be administrator in fact of the estate of John Kurtz, deceased, and that defendant has promised to pay, etc. Defendant answered by claiming that deceased bad made him a gift of the note, had agreed to extend the time of payment to the fall of 1858, this suit having been brought in May, and plead a set-off of thirty-five dollars. The Justice gave plaintiff judgment for the amount of the…
1Opinion of the CourtBaldwin, J.
Terry, C. J. concurring.
The points of Appellant are not well taken. Pleadings in Justices’ Courts are not held to much strictness. The complaint is substantially good. The plaintiff alleges that he is administrator in fact of the intestate. This is not denied in the answer. The failure to make the proof of the plaintiff’s title to sue, therefore, was no ground for a nonsuit.
There was no consideration for the alleged agreement of extension ; paying a part of a note was not enough when all was due.
The only matter in controversy really was as to the credit of thirty-five dollars claimed by…
2Cited by6 opinions
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- Aucker v. McCoyCalifornia Supreme Court · 1880
- Benedict v. Greer-Robbins. Co.California Court of Appeal · 1915
- Dean v. Sedan Milling Co.California Court of Appeal · 1912
- Woody v. Security State BankMontana Supreme Court · 1923
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