Biescar v. Pratt
California Court of Appeal
APPEAL from a judgment of the Superior Court of Los Angeles County and from an order denying a new trial. W. P. James, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtSmith, J.
Appeals from a judgment for the defendant, and an order denying the plaintiff’s motion for a new trial. This is a suit by the indorsee against the indorser of a draft on a New York bank, the payment of which was refused by the bank under the defendant’s instructions.
The case, as shown by the answer and findings, is: The plaintiff, by written contract of date December 26, 1903, agreed with the defendant and one Bassett to sell them “the business consisting of stock, hardware and fixtures now in building” described in the agreement, at invoice prices, etc.; and the draft sued upon constituted a…
2Cases cited2 opinions
- Glock v. Howard & Wilson Colony Co.California Supreme Court · 1898
- Gay v. DareCalifornia Supreme Court · 1894
3Cited by4 opinions
- Mente & Co. v. Fresno Compress & Warehouse Co.California Court of Appeal · 1931
- Western Helicopter Operations, Inc. v. NelsonCalifornia Court of Appeal · 1953
- Hanna Nielsen S. S. Co. v. Hammond S. S. Co.Court of Appeals for the Ninth Circuit · 1929
- Jakovich v. RomerCalifornia Court of Appeal · 1925