McLennan v. Bank of California
California Supreme Court
Appeal from an order of the Superior Court of the city and county of San Francisco denying a new trial. The facts are stated in the opinion.
1Opinion of the Court
Foote, C.
This action was brought by Donald Mc-Lennan, now deceased, and was tried, judgment entered, and notice of intention to move for a new trial served and filed during his lifetime.' After his death his administrator, the present plaintiff, was substituted, and a new trial refused.
From the order made in the premises the plaintiff appeals.
The action is to recover of the defendant, a banking corporation, the sum of ten thousand dollars and interest. It is alleged in the complaint that on the twenty-seventh day of November, 1869, the Mission and Pacific Woolen Mills, Consolidated, a…
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