Legal Opinion

Randall v. Hunter

California Supreme Court

Decided March 12, 1886No. 11237PublishedCited by 20 opinions

Appeal from a judgment of the Superior Court of Humboldt County, and from an order refusing a new trial. Motion to dismiss appeal. The facts are- stated in the opinion of the court.

1Opinion of the CourtThornton, J.

Motion to dismiss appeals.

Randall sued Hunter and Gill as partners, on a promissory note signed “ Gill and Hunter.” Gill made no defense, and judgment passed against him by default. Hunter answered and denied the execution of the note by Gill and Hunter as partners, and further alleged that the note was executed to plaintiff by Gill without the knowledge or consent of Hunter; that it was not executed for the use and benefit of the firm of Gill & Hunter, but for the individual use and benefit of Gill alone; that the whole consideration for the note passed to the sole use of Gill, and none of…

2Cases cited3 opinions

  1. Senter v. De BernalCalifornia Supreme Court · 1869
  2. Williams v. Santa Clara Mining Ass'n of Balt.California Supreme Court · 1884
  3. Thompson v. EllsworthNew York Court of Chancery · 1846

3Cited by20 opinions

  1. Central Montana Stockyards v. FraserMontana Supreme Court · 1957
  2. Kenney v. ParksCalifornia Supreme Court · 1898
  3. Mannix v. TryonCalifornia Supreme Court · 1907
  4. Fearon v. FoderaCalifornia Supreme Court · 1915
  5. Melander v. Western National BankCalifornia Court of Appeal · 1913

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