Gannon v. Dougherty
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. This was an action upon a contract entered into by the parties in April, 1865, by the terms of which defendant was to pay plaintiff two thousand one hundred dollars in gold out of certain moneys to be collected for street work in San Francisco.
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Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. This was an action upon a contract entered into by the parties in April, 1865, by the terms of which defendant was to pay plaintiff two thousand one hundred dollars in gold out of certain moneys to be collected for street work in San Francisco. The defendant, in his answer, set up as a counterclaim that plaintiff had made a promissory note for one thousand dollars to one Babcock, and that afterwards Babcock indorsed, assigned, transferred, and delivered it to defendant, who was the owner and…
1Opinion of the Court
By the Court, Wallace, J.:
The demurrer was properly sustained; it did not appear that the counterclaims relied upon existed in favor of the defendants at the time of the commencement of the action.
There is nothing in the other points; the appeal is without merit, and the judgment is affirmed, with ten per cent damages.
Mr. Justice Crockett did not participate in the foregoing decision.
2Cited by3 opinions
- Wood v. BrushCalifornia Supreme Court · 1887
- McGuire v. EdsallMontana Supreme Court · 1894
- Sturtevant v. DowsonOregon Supreme Court · 1923