Legal Opinion

Roush v. Kirkman

California Court of Appeal

Decided July 8, 1919No. Civ. No. 2845PublishedCited by 6 opinions

APPEAL from a judgment of the Superior Court of Fresno County. H. Z. Austin, Judge. Affirmed. The facts are stated in the opinion of the court.

1Opinion of the CourtWaste, P. J.

Plaintiff brought this action to collect a note for three thousand dollars, made by the defendants, who are engaged in the nursery business, to the First National Bank of Sanger, and which note was by the bank assigned to plaintiff. Defendants, answering, admitted the execution of the note, and alleged that the note, as delivered, contained on its back a guaranty of payment by the cross-defendants, E. H. Miller and Herbert Askin. Defendants deny that the bank sold, assigned, or delivered the note to plaintiff, or delivered the same to any other person than Miller, or Askin; deny that the…

2Cases cited5 opinions

  1. Horton v. WinbiglerCalifornia Supreme Court · 1917
  2. Owsley v. MatsonCalifornia Supreme Court · 1909
  3. Sullivan v. MoorheadCalifornia Supreme Court · 1893
  4. Home & Farm Co. of Cal. v. FreitasCalifornia Supreme Court · 1908
  5. De Jarnatt v. CooperCalifornia Supreme Court · 1881

3Cited by6 opinions

  1. Menning v. SourisseauCalifornia Court of Appeal · 1933
  2. Sieger v. Standard Oil Co.California Court of Appeal · 1957
  3. Ingalls v. BellCalifornia Court of Appeal · 1941
  4. Bisno v. HerzbergCalifornia Court of Appeal · 1946
  5. Maier Brewing Co. v. Pacific National Fire InsuranceCalifornia Court of Appeal · 1963

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