Winters v. Rush
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Solano County. The following is a copy of the instrument on which the suit was brought : “ $1,150. “Suisun City, Cal., December 25th, 1865. “ Twelve months after date I promise to pay W. M. Winters, or any authoi’ized agent of the Pacific Methodist College, the sum of eleven hundred and fifty dollars for the ■' endó"wmé2Ít -of said College; the above sum to draw interest from date at fifteen per cent per annum. ■ A “…
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Appeal from the District Court, Seventh Judicial District, Solano County. The following is a copy of the instrument on which the suit was brought : “ $1,150. “Suisun City, Cal., December 25th, 1865. “ Twelve months after date I promise to pay W. M. Winters, or any authoi’ized agent of the Pacific Methodist College, the sum of eleven hundred and fifty dollars for the ■' endó"wmé2Ít -of said College; the above sum to draw interest from date at fifteen per cent per annum. ■ A “ 11. Rush.” [Internal ¡Revenue Stamp, 60 cents—canceled.] Plaintiff averred that he was the authorized agent of the…
1Opinion of the Court
By the Court, Sanderson, J. :
The action was properly brought in the name of Winters. The note is payable to him for the- benefit of the Pacific Methodist College. Winters is therefore the trustee of an express trust within the meaning of the sixth section of the Practice Act, and as such entitled to sue upon the note. (Considerant v. Brisbane, 22 N. Y. 389.)
A promissory note imports a consideration, and therefore it. is not necessary that a consideration should he specially alleged. If there was no consideration the defendant should have filed an answer setting up a want of it as a defence to…
2Cases cited1 opinion
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
3Cited by12 opinions
- Pastene v. PardiniCalifornia Supreme Court · 1902
- West v. CrawfordCalifornia Supreme Court · 1889
- Rivera v. CappaCalifornia Court of Appeal · 1916
- Williams v. HallCalifornia Supreme Court · 1889
- Brumback v. J. B. Oldham & Co.Idaho Supreme Court · 1878
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