Pond v. Davenport
California Supreme Court
Appeal from the District Court of the Seventeenth Judicial District, County of San Diego. On the 15th day of September, 1871, defendant Davenport gave defendant Corbet the following note: “San Diego, September 15th, 1871. “ On demand, I promise to pay J. B. Corbet, or order, for value received, ten hundred and thirty-seven dollars and fifty-five cents, in full of all demands to date, in United States gold coin. “EOEL DAVEEPOET.”
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Appeal from the District Court of the Seventeenth Judicial District, County of San Diego. On the 15th day of September, 1871, defendant Davenport gave defendant Corbet the following note: “San Diego, September 15th, 1871. “ On demand, I promise to pay J. B. Corbet, or order, for value received, ten hundred and thirty-seven dollars and fifty-five cents, in full of all demands to date, in United States gold coin. “EOEL DAVEEPOET.” On the 16th of September, 1871, Corbet commenced suit against Davenport on this note, and before service of summons, and on the nineteenth day of September following,…
1Opinion of the Court
By the Court:
In the Court below the cause was submitted on the pleadings and on a stipulation of the parties as to certain facts; and amongst others, that all, if any, new matter pleaded in avoidance in the answer of the defendant, Corbet, shall be taken as proven “ and received as evidence for either party herein.” A judgment having been entered for the defendants, the plaintiffs appeal as well from the judgment as from an order denying their motion for a new trial. If it be conceded that the amended complaint states a good cause of action (a point which we deem it unnecessary to decide),…
2Cases cited1 opinion
- Pond v. DavenportCalifornia Supreme Court · 1872