Minturn v. Fisher
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This was an action to recover the amount of a check drawn by defendant on Page, Bacon & Co., the circumstances of which are fully explained by the findings of the Court below, to wit: 1. That the defendant made, executed, and delivered to the plaintiff, his certain draft or check, in writing, in the words and figures following: San Francisco, June 9,1853.- Page, Bacon & Co., Bankers:—Pay to Charles Minturn, on the…
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Appeal from the Superior Court of the City of San Francisco. This was an action to recover the amount of a check drawn by defendant on Page, Bacon & Co., the circumstances of which are fully explained by the findings of the Court below, to wit: 1. That the defendant made, executed, and delivered to the plaintiff, his certain draft or check, in writing, in the words and figures following: San Francisco, June 9,1853.- Page, Bacon & Co., Bankers:—Pay to Charles Minturn, on the fifteenth instant, or order, thirty-eight hundred and ninety and 18-100 dollars. L. W. Fisher. $3890 18. 2. That said…
1Opinion of the CourtTerry, J.
The defendant, who was paying-teller in the banking-house of Page, Bacon & Co., at San Francisco, gave to the plaintiff, in payment of freight on certain goods, a check on said banking-house, which check was dated first of June, and payable on the the fifteenth of June, 1853. On the last named day the check was presented for payment to the defendant at the said house. Defendant informed the party presenting it that it would not be paid, alleging as a reason that the goods, to pay freight on which it was given, were damaged. The bill was not afterwards presented for payment, nor was any notice…
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