Legal Opinion

Banks v. Marshall

California Supreme Court

Decided July 1, 1863PublishedCited by 3 opinions

Appeal from the District Court, Seventh Judicial District, Solano County. The second count of the complaint was for four hundred and sixty-six dollars and forty-five cents, alleged to have been received by the defendant on the first day of July, 1861, to and for the use of plaintiff. The remainder of the facts are stated in the opinion of the Court.

1Opinion of the CourtCrocker, J.

This is an action to recover a balance alleged to be due upon a promissory note, executed by the defendant, bearing date March 17th, 1857, for seven hundred and twenty-five dollars, payable six months after date, to the plaintiff, with interest at two per cent, per month. The complaint avers that six hundred dollars was paid thereon, April 17th, 1860 ; and three hundred and eighty-six dollars July 1st, 1861; and that there was a balance of four hundred and sixty-six dollars and forty-five cents still due and unpaid. There is also a count for the same amount for money had and *224received. The…

2Cited by3 opinions

  1. San Diego Municipal Credit Union v. SmithCalifornia Court of Appeal · 1986
  2. Thompson v. AveryUtah Supreme Court · 1895
  3. First Bank of Homedale v. A. W. McNallyIdaho Supreme Court · 1926

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