Minturn v. Fisher
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. The. plaintiff, on the 15th day of June, 1853, filed his complaint in the Superior Court of the City of San Francisco, against the defendant, to recover the sum of $3,890 18, with interest and costs of suit, on the instrument set forth in the opinion of the Court, averring that, on said day, the said instrument was duly presented by him to the drawer, and payment demanded; that payment was refused by the drawee,…
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Appeal from the Superior Court of the City of San Francisco. The. plaintiff, on the 15th day of June, 1853, filed his complaint in the Superior Court of the City of San Francisco, against the defendant, to recover the sum of $3,890 18, with interest and costs of suit, on the instrument set forth in the opinion of the Court, averring that, on said day, the said instrument was duly presented by him to the drawer, and payment demanded; that payment was refused by the drawee, and that said instrument was then and there duly protested for non-payment; also, that the said sum is now due from said…
1Opinion of the Court
Mr. Ch. J. Murray
delivered the opinion of the Court.
Mr. J. Heydeneeldt concurred.
The plaintiff commenced his suit in the Court below upon the following instrument, which he declared on as a check:
“ San Francisco, June 9th, 1853.
“Messrs. Page, Bacon & Co., Bankers—
“Pay to Charles Minturn, on the fifteenth (15th) inst., or order, thirty-eight hundred and ninety 18-100 dollars.
$3,890 18-100. (Signed) L, W. Fisher.”
*37The evidence shows that the instrument was presented for payment on the 15th of June, at the banking house of Messrs. Page, Bacon & Co.; that payment was refused, and that the same was…
2Cases cited1 opinion
- Harker v. AndersonNew York Supreme Court · 1839
3Cited by17 opinions
- State v. HillNebraska Supreme Court · 1896
- Poorman v. D. O. Mills & Co.California Supreme Court · 1868
- Bank of Am. Nat'l Trust & Sav. Ass'n v. CranstonCalifornia Court of Appeal · 1967
- McCully v. CooperCalifornia Supreme Court · 1896
- Brummagim v. TallantCalifornia Supreme Court · 1866
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