Anderson v. Mayers
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City, and County of San Francisco. The complaint was filed December 5, 1872. The first amended complaint was filed November 4, 1873. The note described in this complaint was as follows: “ Austin, December 1, 1866. “Four months after date, I promise to pay to George Anderson, eighteen hundred dollars, in gold coin, for value received. “Simon Mayers.” Austin is in the State of Nevada.
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Appeal from the District Court, Twelfth Judicial District, City, and County of San Francisco. The complaint was filed December 5, 1872. The first amended complaint was filed November 4, 1873. The note described in this complaint was as follows: “ Austin, December 1, 1866. “Four months after date, I promise to pay to George Anderson, eighteen hundred dollars, in gold coin, for value received. “Simon Mayers.” Austin is in the State of Nevada. The second amendment to the complaint, which stated a cause of action on the note alone, was made August 21, 1874. The' defense relied on was that the…
1Opinion of the Court
By the Coubt:
The question presented in this case is whether the action upon the promissory note is barred by the Statute of Limitations, and that question depends upon the construction to bo given to the amendment to the complaint.
The cause of action stated in the original complaint is a judgment rendered in the District Court of the Sixth Judicial District of the State of Nevada. The first amended *527complaint states that the defendant made and delivered to the plaintiff the promissory note therein described; that the plaintiff commenced an action on the note in the above-mentioned court; that…
2Cited by15 opinions
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- Brown v. RouseCalifornia Supreme Court · 1894
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