Rich v. Davis
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, County of Nevada. The facts are stated in the opinion of the Court.
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Heydenfeldt.
Mr. Chief Justice Murray concurred.
This was an action brought on certain promissory notes. The main defence is, that the notes were made by one partner in the firm name, but for his own private uses.
This defence would be good against a holder with notice of the fraud. *142But it is found by the District Court as a fact, that the plaintiff is an innocent holder, in which case the recovery cannot be defeated. The principle involved we decided in this ease when it was here before. See 4 Cal. R.
The remaining defence rests upon the…
2Cited by2 opinions
- Bedell v. HerringCalifornia Supreme Court · 1888
- Lewis v. HaydenArizona Supreme Court · 1891