Kiel v. Reay
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Action on several promissory notes given by defendant Beay. Three of the notes were payable to Lewis Schumacher or order, and five were payable to Johnston & Beay. The plaintiff averred that the payees had indorsed the notes, and that he was the owner and holder.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Action on several promissory notes given by defendant Beay. Three of the notes were payable to Lewis Schumacher or order, and five were payable to Johnston & Beay. The plaintiff averred that the payees had indorsed the notes, and that he was the owner and holder. The answer denied that the plaintiff was the owner and holder of the notes, and averred payment, and that the notes were, on the 30th day of December, 1869, lawfully in the possession of one Lewis Schumacher, and that while he had them, the…
1Opinion of the Court
By the Court, Crockett, J.:
A jury was called to try the issues in the cause; one of which was, whether the plaintiff was the holder and owner of the promissory notes sued upon. At the trial certain special issues were submitted to the jury by consent, with instructions to find a special verdict on these issues. The special issues so submitted did not include the issue made *63by the pleadings as to whether the plaintiff was the holder and owner of the notes; and the verdict responded only to the special issues submitted, there being no general verdict. Thereupon the defendant moved for judgment…
2Cases cited3 opinions
- Manning v. . MonaghanNew York Court of Appeals · 1861
- Kintz v. McNealCourt for the Trial of Impeachments and Correction of Errors · 1845
- Griffin v. CranstonThe Superior Court of New York City · 1859
3Cited by5 opinions
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
- San Joaquin & Kings River Canal & Irrigation Co. v. StevensonCalifornia Court of Appeal · 1916
- Coburn Cattle Co. v. SmallMontana Supreme Court · 1907
- Calvert v. AndersonMontana Supreme Court · 1927
- Ward v. GradinNorth Dakota Supreme Court · 1906